HB 355 — Dangerous Instrumentality Doctrine

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 355 2019 A bill to be entitled An act relating to the dangerous instrumentality doctrine;

providing that the lessor of special mobile equipment for which a lessee maintains specified insurance is not aliable dangerousfor instrumentality;acts by lessee or lessee's agents or employees;

providing that a lessor may be liable for damages in specified circumstances;

(b) "Lessee" means a person who, pursuant to a lease agreement, acquires the right to possession and use of special Pagemobile 1equipment offrom 4a CODING:lessor pursuant to a lease agreement.

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hb0355-02-c2hb0355-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 355 2019 mobileUnless equipmentthe fromcontext aclearly lessorindicates pursuantotherwise, tothe aterm leaseincludes agreement.a sublessee.

Unless the context clearly indicates otherwise, the term includes a sublessee.

The term also includes privately owned property where members of the public at large are welcomed as business invitees.

(d) Whether the instrumentality poses extraordinary Pagedangers 2not ofposed 4by CODING:instrumentalities not otherwise determined to be dangerous instrumentalities.

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hb0355-02-c2hb0355-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 355 2019 dangers(e) notTo posedwhat byextent instrumentalitiesthe notLegislature otherwisehas determinedregulated tothe beinstrumentality. dangerous instrumentalities.

(e) To what extent the Legislature has regulated the instrumentality.

(3) Notwithstanding subsection (2), the lessor of any special mobile equipment that causes injury, death, or damage while leased under a written lease agreement with documented proof of insurance coverage that contains limits of not less than $100,000 per person and up to $300,000 per incident for bodily injury liability and up to $50,000 for property damage liability or not less than $500,000 for combined property damage liability and bodily injury liability is not liable for acts of the lessee or the lessee's agent or employee in connection with the rental or lease, including any bodily injury, death, or damage resulting from the operation, maintenance, or use of the special mobile equipment.equipment by the lessee or the lessee's agent or employee.

The failure of the lessee to obtain or maintain insurance coverage required by the lease agreement does not impose liability on the lessor.

However,Section the2. lessor of special mobile equipment may be liable for damages that:

(a) Occurred while the lessor's employee or contractor was operating, maintaining, or using the equipment;

or (b) Resulted from the lessor's gross negligence or criminal wrongdoing.

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Words stricken are deletions;

words underlined are additions.

hb0355-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 355 2019 Section 2.

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