
Statutory Cap Limiting Owner’s Liability for Damages Caused by a Permissive User is not a Valid Affirmative Defense
Submitted by Ryan Myerss on 01 Apr, 2022
Fla. Stat. §324.021(9)(b)3 is consistently cited by many defense lawyers as an Affirmative Defense in situations where the owner of a vehicle is sued with the permissive user under the Dangerous Instrumentality Doctrine. The Statute provides a cap on the owner’s liability for damages caused by the permissive user. Fla.