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Q: My daughter suffered a serious brain injury when her friend, who only had a restricted driver's license, wrecked his parents car on a joyride. They were alone and I suspect the boy's parents allowed him unsupervised use of the car. Can his parents be held liable for my daughter's medical bills and injuries?
A: It depends. Many factors bear on whether a lawsuit will be successful. Only the liability question will be addressed here. If you can prove that the parents gave their unlicensed son permission to use their car without supervision on the specific occasion that resulted in your daughter's injury, then you have a good claim for liability. If, on the other hand, the parents gave their son permission on subsequent occaisions but not on the specific occasion resulting in your daughter's injuries, then the case for liability is somewhat weak.
Florida courts have ruled that even if parents allowed their unlicensed children to drive unsupervised on occasions before the accident in question that those previous occasions are "not so closely inertwined with any negligence" so as to allow for parental liability.
Zimmet & Quarles. P.L.
Halifax Harbor Marina
125 Basin Street, Suite 210
Daytona Beach, FL 32114
Phone: (386) 255-4020
Fax: (386) 255-2027
Toll Free: (800) 934-1020
