Personal injury law requires that certain conditions be met in order to have a valid claim so that you the injured party can recover compensation and get the justice you require. One of these requirements is negligence where you must objectively demonstrate with replete evidence that the actions of the at-fault party directly led to the accident, which in turn caused your injuries. However, in some jurisdictions such as Florida, and under very unique circumstances, the Dangerous Instrumentality doctrine comes into play which allows you to recover compensation even if there was no negligence inferred on the part of the defendant or business owner.

This doctrine is an offshoot of strict liability, whereby the owner of an inherently dangerous object is held responsible for its negligent use by a third party, even if they were not directly negligent when it came to either supervising its use or entrusting it to said third party.

For instance, you work in construction and your colleague negligently operates the cement mixture leading to your sustaining head injuries or being struck by a vehicle that belongs to someone else that had it entrusted to someone that borrowed it – both of these scenarios may qualify for Dangerous Instrumentality doctrine depending on the circumstances surrounding your injuries as well as the jurisdiction.

At McCready Law, we aim to hold all negligent parties responsible for the injuries of our clients as our aim is to ensure they are made whole again whether or not direct negligence was apportioned – read on to find out more.

Are you looking for the best injury attorney? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced injury lawyers at McCready Law bring to the table over 90 YEARS of combined legal experience where we’ve helped tens of thousands of injured individuals seek compensation after getting injured due to the negligent acts of other parties and even large corporations.

To date, we have been able to recover over $260 million and counting for our clients, and our incomparable success can be attributed to operating strategies that are different from those of other law firms such as personally handling claims as tenured attorneys and not shunting them over to legal assistants and paralegals as is often seen in most law firms, working closely with the client in an open and collaborative manner to ensure all possible weaknesses in the case are patched up.

On top of that, we usually upon the expertise of world-renowned experts such as top physicians, celebrated investigators, and experienced accident reconstruction experts and forensic professionals, all done in an effort to build a robust case replete with evidence and objective opinions that prove the other party indeed acted from a place of negligence, thereby leading to your injuries. We are also not afraid to litigate claims should we believe that doing so may get you maximum compensation, particularly if the insurance company is not amenable to good faith negotiations.

We run a bilingual firm (hablamos Español), and we take on all cases on a contingency fee basis, which simply means that there are ZERO UPFRONT FEES for the duration of the processing of your claim, as we only levy our fees at the end of the suit, and only if we’ve recovered compensation on your behalf. If you or a loved one got injured due to someone else’s negligence, please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation – our intake team is standing by.

Injured by Heavy Machinery or Vehicle? How the Dangerous Instrumentality Law Works

The Dangerous Instrumentality Doctrine falls under strict liability whereby while in most negligence claims one must demonstrate that the defendant acted in a careless manner or breached a duty of care, this doctrine states that a party is liable for damages regardless of fault or intent and instead states the mere fact of them engaging in certain activities or possessed objects that are known to be inherently dangerous makes them liable.

The Dangerous Instrumentality doctrine is based on the following concepts:

1. Risk Allocation – Those who control or own inherently dangerous instrumentalities are in the best position to prevent their misuse and consequently absorb the cost of accidents and injuries arising out of them.
2. Public Safety – This form of strict liability incentivizes owners to provide better care with regard to the maintenance, supervision, and lending of such dangerous instrumentalities in order to enhance public safety
3. Compensating Victims – Injured parties can recover damages even when, for instance, the machine operator is judgment proof, ensuring that you have some form of financial recourse given the often-catastrophic injuries associated with these dangerous instrumentalities

In order for the Dangerous Instrumentality Doctrine to apply, the following elements must be present:

1. The defendant must be the legal owner of the dangerous instrumentality and possess documents proving the same
2. The instrumentality must be inherently dangerous whereby its use must be capable of causing serious bodily injury or death when operated in a negligent manner
3. The owner must have given express or implied permission to the operator to use the object
4. The individual operating the instrumentality must have done so in a negligent manner thereby causing your or your loved one’s injuries.
5. The negligent operation of the dangerous instrumentality must have led to your or your loved injuries as these are compensable via the documentation or itemization of damages.

Let’s take a look at some instances of dangerous instrumentalities:

• A car or truck causing an accident where the owner of the vehicle isn’t operating it but gave it out to someone else such as a colleague or worker for either personal use or to carry out work duties. Should an injurious accident occur, the owner may be held liable even if they didn’t know the negligent act would occur, weren’t present in the vehicle or believed that the driver was competent.
• Getting injured by a nearby bulldozer, having items suspended by a crane fall on your head, or having powerful machinery cause electrocution to nearby workers; even if this construction equipment was rented out by a contractor, this third party may be held liable for the negligent actions of the operator, even when the operator is a work colleague
• Being injured by the negligent discharging of a weapon during a hunting trip, even when the gun doesn’t belong to your friend who carried out the negligent action, the owner of the firearm will be held strictly liable for this event via negligent entrustment laws.
• Getting injured by a speedboat or jet ski, which was being operated by a third party who ostensibly borrowed it from the owner; water sports equipment is regarded as being inherently dangerous on account of their operation in a fluid environment and the potential for high-speed collisions or passenger ejection.

How McCready Law Proves this Doctrine Applies

Invoking the Dangerous Instrumentality Doctrine is something that must be done meticulously, as these types of cases require certain requirements to be met as more often than not, the operator may lack sufficient assets or insurance to cover damages. At McCready Law, we commence such claims by way of meticulously investigating the event in order to identify the object that caused the injury as well as who owns it in order to determine if the event falls under an inherently dangerous instrumentality within your jurisdiction or the location where the accident occurred.

Next, we will gather evidence to prove that the owner implicitly or expressly gave permission for the negligent operator to use it via witness statements, vehicle registration and so on. We shall then prove that the operator of the dangerous instrumentality acted in a negligent manner leading to your injuries. Last but not least, we shall itemize all applicable damages in order to secure comprehensive compensation on your behalf so you’re made legally whole.

Best National Injury Attorneys – Call Us Today!

There is so much we haven’t talked about and nuances we’ve left out in this post, as every case is unique; to this end, we would like to invite you to give us a call NOW at (314) 481-63338 to learn more about your legal options for justice and compensation regardless of where you are in the country. Remember, the call is 100% FREE, and there is no legal obligation. Thanks for choosing us, and we look forward to helping you.