- failure to train their employees properly
- failure to supervise their workers
- negligently entrusting the rental car to a driver they shouldn't have allowed to rent in the first place
- failing to keep the rental car properly maintained
Who Is Responsible In An Accident Involving a Rental Car?
An estimated 100 million tourists and vacationers will visit Florida this year, and a large portion of them will rent a car to get around town. In fact, Orlando International Airport is the largest car rental hub in the entire world [1]. Inherent with this large amount of rental car drivers is rental car accidents. Unlike auto accidents involving drivers of personal vehicles, the law becomes more complex when rental cars are involved.
There are many serious accidents involving rental cars on Florida roads each year. Because of this, legal questions often arise after a rental car driver is involved in an accident. The most common question: Is the rental car company liable for damages because they are the owner?
According to a Florida Supreme Court decision, the answer is: no.
The (private) owner of a car who lends it to another is legally responsible for the driver's negligence, even if the owner did nothing wrong. This is known as Florida's Dangerous Instrumentality Law. However, rental car companies are now shielded from liability by Federal law.
In a case known as Vargas v. Enterprise* in 2011, it was decided that when drivers or passengers of rental vehicles—short-term leased vehicles, less than one year—are involved in an accident, the rental car company is no longer responsible for any injuries caused by the negligence of the rental car driver [2].
The Supreme Court ruled that the Graves Amendment** preempted (or blocked) a section*** of the Florida Statutes that pertains to short term auto leases. Simply stated, rental car companies have no liability regarding rental car accidents simply because they own the car [3].
Unless an injured party can prove that the rental company was negligent in some way, any suit brought against the rental company, based on ownership alone, would be thrown out of court. Examples of a rental car company's negligence may include: