Vicarious Liability - What Qualifies as a Dangerous Instrumentality?   

In the new 1st DCA case of Rippy v. Sheppard, the Court determined that a farm tractor does not constitute a dangerous instrumentality for purposes of establishing vicarious liability of ownership.
     As we are all aware, Florida is one of the few places in the United States that employs the dangerous instrumentality doctrine, which "imposes strict vicarious liability upon the owner of a motor vehicle who voluntarily entrusts that motor vehicle to an individual whose negligent operation causes damage to another."
     Extensive case law has been devoted over the years to the definition of a "motor vehicle" and what constitutes the same for purposes of determination of a dangerous instrumentality.
     While a statutory definition of "motor vehicle" is helpful, it is not controlling in determining what constitutes a dangerous instrumentality.
     For instance, it has been held in Florida that while a trailer is not a dangerous instrumentality for purposes of vicarious liability attachment, it does meet the statutory definition of a "motor vehicle" and is subject to licensing requirements under Statue for motor vehicles.
     Further, while a forklift does not meet the statutory definition of a "motor vehicle", it has been determined, at least in one District, to constitute a dangerous instrumentality for purposes of application of vicarious liability.
     Finally, while the Appellant in this case argued that a farm tractor should be a dangerous instrumentality because of its size and character, the Court found that that also was not a determining factor, inasmuch as a road grader had also been found not to be a dangerous instrumentality.  The Court noted that farm tractors, like road graders, are not used as a mode of transportation, nor are they routinely operated in public places so as to pose a sufficient danger to the public in order to be designated as a dangerous instrumentality.

Rippy v.Shepard, 15 So. 3d 921; 2009 Fla. App. LEXIS 11042 (2009)