Legal Question in Insurance Law in Florida

Attendant parking car did not know about left-side gas pedal!!! Who is liable af

I am a small valet company. We had an accident involving a car with a left-side gas pedal. The driver did not mention this to the attendant and when the attendant went to park the car and press the brake while driving it, he actually had his foot on the left accelerator (thinking it was on the brake and the gas pedal must be sticking) and ramming it into another car and eventually a tree.

The extra pedal is designed to help I suppose people who do not have use of their right leg. It is a third pedal to the left of the brake pedal making it three pedals all together. This extra pedal can be folded down so as to prevent this accident but the pedal was not folded down and the owner did not make the attendant aware of it.

According to my insurance agent in the past, once we take possession of the car, we are responsible all around.

Are we responsible in this case? Is this the owner's negligence to make the attendant aware of such a hazardous device in his car? Is not the owner responsible to fold the pedal down to make the car safe to drive?

Curious to know before I start submitting this claim to my insurance. Or hire an attorney.

Thank you.


Asked on 1/16/03, 11:24 pm

2 Answers from Attorneys
Michael Tobin Michael M. Tobin, P.A.

Re: Attendant parking car did not know about left-side gas pedal!!! Who is liabl

You have a good argument that the customer should have alerted your driver to the unusual equipment but that is best handled by your insurance company lawyers.

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Answered on 1/17/03, 11:32 am
David Slater David P. Slater, Esq.

Re: Attendant parking car did not know about left-side gas pedal!!! Who is liabl

Even if you are responsible since you took possession (which is questionable), the owner had a duty to advise you of any special requirements with the property he gave to you. You should be able to pass off your liability to them.

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Answered on 1/17/03, 4:26 am


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