Man Dies After Being Hit by Golf Cart at Jacksonville, Florida Golf Course
A man playing golf at Queen's Harbour golf course in Jacksonville, Florida died after being hit by a golf cart, according to an article on Firstcoastnews.com. According to the article, Michael Heim died after he was hit by a golf cart, pinned between that cart and another golf cart and then fell and hit his head.
In a personal injury or wrongful death lawsuit, an injury or death resulting from a golf cart accident is not much different than an injury or death resulting from a car or truck accident. Many of the same issues apply to determine why the accident occurred and what could or should have been done by the driver to prevent the accident. If it can be shown that the golf cart driver was negligent in causing the crash that led to Mr. Heim's death, that golf cart driver would be just as liable for the death as if he/she was driving a motor vehicle.
However, there is another little known fact about accidents involving golf carts. Florida is one of the few states, if not the only state, in the country with the dangerous instrumentality rule. This rule means that the owner of a dangerous instrumentality, and his/her insurance company, is liable for accidents caused by a person using that dangerous instrumentality with authorization. This most often comes into play with motor vehicles. When a person driving a car or truck causes a traffic accident resulting in injuries or death, the driver of the vehicle who caused the accident is liable, but so is the owner of that vehicle as long as the driver had permission to drive the vehicle. However, under Florida law, this dangerous instrumentality law extends to things other than cars and trucks.
In a previous Florida case, it was determined that a golf cart is also a dangerous instrumentality under Florida law. Assuming the Queen's Harbour golf course owned the golf cart in this case, the golf course may also be liable for damages to the family of the victim in a wrongful death lawsuit.
