Car Accident Attorney: Car Rental & Bailment

  • Car Accident Attorney: Car Rental & Bailment

    Car Accident Attorney. Florida Auto Accidents. Call today for your FREE CONSULTATION with a Car Accident Attorney. 407-930-8912

    What is a Bailment?

    • In Adams v. Bell Partners, the Court provided a rough definition that is simple to understand. Here is a quote from that case:
      • “Although the term ‘bailment’ is difficult to define concisely, it is generally a contractual relationship among parties in which the subject matter of the relationship is delivered temporarily to and accepted by one other than the owner.” S & W Air Vac Sys., Inc. v. Dep’t of Revenue, 697 So.2d 1313, 1315 (Fla. 5th DCA 1997). “[A] person for whose benefit a vehicle is rented and who pays the expense thereof can be found to be a bailee of the vehicle.

  • Car Rentals often look like Bailments
    • However, the status of bailee is a question of fact for the jury to determine.
    • Where there is an issue of vicarious liability for a bailment, there is a fact-intensive inquiry.
    • Because these issues are fact-intensive inquiries and are issues of fact for the jury to decide, summary judgment is not appropriate in a number of cases. For example, consider a portion of the Adams v. Bell Partners Decision:
      • In summary, we find that the trial court erred in granting summary judgment for the employer, because the employer’s status as a “bailee” and its allegation of Mr. Watson’s conversion create genuine issues of material fact for a jury to resolve. Further, we find the trial court erred when utilizing arguments incorporated in a memorandum filed by Bell Partners in violation of rule 1.510(c). We, therefore, reverse and remand for further proceedings consistent with this opinion.

  • Car Accident Attorney: If you have a question about your status as a bailee and whether you are legally responsible, talk to an attorney so that your concerns can be addressed.

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