Adopted in 1920, Florida’s 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. See Southern Cotton Oil Co. v. Anderson, 80 Fla. 441, 468, 86 So. 629, 637 (1920). As expressed in Southern Cotton Oil:
[O]ne who authorizes and permits an instrumentality that is peculiarly dangerous in its operation to be used by another on the public highway is liable in damages for injuries to third persons caused by the negligent operation of such instrumentality on the highway by one so authorized by the owner.
Over the years, the doctrine has been applied to golf carts, trucks, buses, tow-motors and other motorized vehicles. Meister v. Fisher, 462 So. 2d 1071 (Fla: Supreme Court 1984); See, e.g., Eagle Stevedores, Inc. v. Thomas, 145 So.2d 551 (Fla. 3d DCA 1962).
Does the doctrine apply to trailers that make up the semi, tractor-trailer rigs so common to our highways? To the surprise of many, including some lawyers, the answer is No. See Saullo v. Douglas, 957 So.2d 80 (Fla. 5th DCA 2007); Pullman v. Johnson, 543 So.2d 231 (Fla. 4th DCA 1987); Edwards v. ABC Transportation Co., 616 So.2d 142 (Fla. 5th DCA 1993).
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