Dangerous Instrumentality Reform: S.B. 862 (2019)
Provides that the lessor of special mobile equipment that causes
Provides that the lessor of special mobile equipment that causes injury, death, or damage while leased under a lease agreement is not liable for the acts of the lessee or lessee’s agent or employee if the lease agreement requires documented proof of insurance coverage with limits of at least $250,000/$500,000 for bodily injury liability and $100,000 for property damage liability, or at least $750,000 for combined property damage liability and bodily injury liability. Provides that the failure of the lessee to maintain insurance coverage required by the lease agreement does not impose liability on the lessor. Special mobile equipment are vehicles not designed or used primarily to transport persons or property and that are only incidentally operated or moved over a highway. Examples include ditch digging apparatus, well-boring apparatus, and road construction and maintenance machinery, draglines, self-propelled cranes and earthmoving equipment. The bill responds to the Florida Supreme Court’s decision in Newton v. Caterpillar Financial Services Corporation, which found that a loader is a dangerous instrumentality and thus subject to Florida’s dangerous instrumentality doctrine. The dangerous instrumentality doctrine 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.”
Latest News
View all news
Reports Reveal Influence of Trial Lawyers on New Jersey’s Legal Landscape
Two New Reports Analyze Legal Services Advertising Trends and Campaign Contributions
California Trial Lawyers’ Influence on Legal Landscape Exposed
Two New Reports Unveil Disturbing Trends in Legal Services Advertising and Plaintiffs’ Firms’ Political Contributions
New Reports Expose Trial Lawyers’ Grip on Nevada Politics and Legal Advertising Trends
In-depth analysis unveils trial lawyers’ staggering advertising and political spending, exposing tactics used to shape public opinion and legal outcomes.
Explosive New Reports Uncover Shocking Trends in Legal Advertising and Campaign Contributions in New York State
ATRA’s Latest Reports Reveal the Deep Ties Between Trial Lawyers and New York Politics
New Rule 702 Helps Judges Keep Bad Science Out Of Court
Judges’ commitment to rigorous policing of science is paramount in safeguarding the integrity of the legal system.
A Call to Halt the Onslaught of Litigation Tourism
This isn’t just about legal technicalities; it’s about New Yorkers’ livelihoods and ability to make ends meet.