This week, Justin Leto and Andy Dean discussed several legal issues, including the following:
1. California considering a law which would require gun owners to purchase gun insurance. The State of California is attempting to adopt a law that would require gun owners to purchase insurance as a condition precedent to owning a gun. The law would impose upon each gun owner a duty to have at least $250,000 in insurance in the event of an incident involving the owner’s firearm which caused injury. The NRA and other pro-gun groups are concerned that this law will infringe upon gun owner’s 2nd Amendment right to keep and bear arms.
2. Florida car accident laws. Andy and Justin discuss Andy’s recent experience when he rented a car in Florida, loaned the car to a driver that was not on the rental policy, and that driver caused an accident. If you rent a car, the rental contract specifies who can and cannot drive the car. If you allow someone other than a permitted driver to operate the car, and that person causes an accident, the rental car company will not cover you for the losses. Instead, your own personal car insurance company will be responsible to pay for any losses. As it relates to Florida car accident law, Florida has a unique law called the “dangerous instrumentality doctrine” which says that an owner of a vehicle is responsible for the acts of any permissive driver. The owner can be held liable for an accident just because he loaned his car to a friend or relative. The reason is that Florida has determined that cars are inherently dangerous objects and the act of putting the car on the road, even if driven by someone else, is enough to create liability.