Negligence Per Se: How Violating Florida Golf Cart Regulations Affects Liability And Injury Claims

Golf carts pose serious safety risks when operators fail to comply with established regulations. When an accident results from such a violation, Florida law has adopted a critical concept known as “negligence per se.”

Understanding how negligence per se applies to golf cart accidents can significantly influence the outcome of liability claims and compensation.

What Is Negligence Per Se?

“Negligence per se” is a legal principle (Latin meaning “by itself”) that applies when an individual violates a law or regulation specifically enacted to protect public safety. Under Florida law, this principle holds that an individual’s violation of a safety statute or regulation establishes a presumption of negligence. Essentially, the breach itself is considered sufficient proof of negligence without requiring further demonstration that the defendant’s actions were unreasonable.

In practical terms, this means that if a golf cart operator violates specific statutes or local ordinances governing golf cart usage and subsequently causes an accident, the victim’s burden of proving negligence is substantially simplified. The violation itself establishes a foundational element of the negligence claim.

Golf Cart Regulations in Florida

Florida’s golf cart regulations, outlined in Florida Statute 316.212, are designed explicitly to ensure the safe operation of golf carts on public roads, private streets, and communities. These regulations include operational restrictions, safety equipment requirements, and designated areas of operation.

Some of the critical safety rules include limiting golf cart operations to streets designated by local authorities, ensuring appropriate lighting for nighttime operation, and adhering to speed restrictions typically set at 20 mph for golf carts and 25 mph for golf cars (a.k.a. low-speed vehicles) or less. Additionally, depending upon the type of golf carts, they must have essential safety features such as reliable brakes, steering apparatus, rear-view mirrors, and reflective devices.

Common Regulation Violations Leading to Golf Cart Accidents

Typical violations resulting in negligence per se claims in golf cart accidents include:

• Operating a golf cart under the influence of alcohol or drugs.
• Allowing minors or unlicensed drivers to operate golf carts unsupervised.
• Driving golf carts at night without appropriate lights and reflective materials.
• Operating golf carts on unauthorized roadways or sidewalks.
• Failing to maintain required safety equipment, like brakes and steering mechanisms, adequately.

Each of these violations significantly increases the risk of accidents, thereby directly linking the violation to potential liability under the Florida statutory doctrine of negligence per se.

Establishing Negligence Per Se in a Golf Cart Accident Claim

When pursuing a claim based on negligence per se, the injured party must establish several critical elements clearly:

First, the violated regulation must intend to prevent the type of harm the victim suffered. For example, operating a golf cart without lights at night is regulated explicitly to prevent visibility-related accidents. If an accident occurs due to inadequate lighting, the negligence per se doctrine applies directly.

Second, the injured person must be within the category of people the regulation aims to protect. Typically, regulations governing golf cart operation are intended to protect passengers, pedestrians, other drivers, and community residents. If any of these parties sustain injuries due to a violation, negligence per se could readily apply, but that is why it is important to speak with an experienced Florida golf cart attorney.

Impact on Liability and Compensation

Florida golf cart injury cases establishing negligence per se significantly streamlines the liability determination process, enhancing victims’ ability to secure fair compensation. Because the defendant’s negligence is presumed by their regulatory violation, the focus shifts primarily to quantifying the damages suffered by the victim. However, do not be under the mistaken belief that if the at-part has an insurer that the insurer just wants to freely pay out money.

Typically, the damages recoverable in a Florida golf cart case include medical costs, lost wages, pain and suffering, and emotional distress. However, it remains essential for victims to thoroughly document their injuries, medical treatment, and any other impacts on their life to substantiate their compensation claims comprehensively.

Limitations and Defenses to Negligence Per Se

While negligence per se simplifies many elements of liability, defendants may still present specific defenses. Common defenses include:

• Arguing that the violation was reasonable or justified under the circumstances.
• Demonstrating that compliance with the regulation was impossible.
• Showing that the victim’s own negligence significantly contributed to the accident.

The Importance of Experienced Legal Counsel

Given the complexities surrounding negligence per se claims, especially with defenses and detailed regulatory requirements, victims benefit significantly from experienced legal representation. At www.GoflCartAttorney.com we are Florida golf cart injury attorneys and can accurately interpret regulations applicable to your case, we gather critical evidence, and fight for you to secure maximum compensation.

Contact www.GolfCart.Attorney.com (Frank D. Butler, PA.)

At www.GolfCartAttorney.com we specialize in representing Florida golf cart accident victims and have done so for more than 25 years, ensuring a comprehensive understanding and diligent application of Florida law to maximize your compensation.

For dedicated, skilled legal assistance, contact a trusted Florida golf cart injury attorney today for your no charge confidential consultation.

Sources:

Florida Statute 316.212 – Golf Cart Regulations

Florida Modified Comparative Negligence Law

Legal Information Institute – Negligence Per Se