Golf carts are a common sight in Florida, not just on golf courses but also in communities and on public roads. While these vehicles are convenient and often considered fun, they also come with significant responsibilities and potentially major liabilities for owners. Understanding these liabilities is crucial for anyone owning or operating a golf cart in the state.
Legal Definition and Regulations
In Florida, golf carts are defined under Chapter 316 of the Florida Statutes. They are motor vehicles designed and manufactured for operation on a golf course for sporting or recreational purposes, and are not capable of exceeding speeds of 20 miles per hour. The use of golf carts is governed by both state laws and local ordinances.
Registration and Licensing
Unlike regular motor vehicles, golf carts do not require registration or a license plate in Florida. However, if a golf cart is modified to exceed speeds of 20 miles per hour, it is reclassified as a low-speed vehicle (LSV) and must be registered, titled, and insured as a regular motor vehicle. Additionally, the driver must have a valid driver’s license.
Operational Restrictions
Golf carts are permitted on public roads only under certain conditions. Local jurisdictions may allow golf carts on roads with a posted speed limit of 35 miles per hour or less. The local jurisdiction would have to post signs indicating that golf carts are allowed. Operators must follow the specific rules set by the local authority, which may include age restrictions, designated crossing areas, and safety equipment requirements such as headlights, brake lights, turn signals, and reflective devices.
Members of HOA communities in Florida often misunderstand the law here. In a gated community, the roads are private, in which case golf carts can be used subject to HOA rules and regulations. But in just about every other community that is not gated, the streets are public streets, and that means that golf carts are not allowed unless authorized properly by the local jurisdiction. If someone is driving a golf cart on a public street where it is not authorized, they can be given several citations.
Owner Liability - A Case Example
Owners of golf carts in Florida can face serious liability in the event of accidents or injuries. And some of them could spell financial ruin. Let's take a look at a case - Gonzalez v. Chiong - a Miami case that was decided in late 2023. Chiong owned a golf cart and often let others use it, including children or teenagers. He let his 16 year old niece drive the golf cart with other minor children. The niece blew a stop sign on a public street and caused a crash with a car. All of the kids were ejected from the golf cart and all were injured, but one of the kids suffered a catastrophic brain injury.
The Court held that Chiong, the owner of the golf cart, owed the plaintiffs a duty of care and was negligent in entrusting the cart to his 16 year old niece. The court pointed out that a golf cart is both motor vehicle and a "dangerous instrumentality." The Dangerous Instrumentality doctrine imposes vicarious liability on the owner of the vehicle when he voluntarily entrusts it to someone whose negligent operation of it causes damage to another. But when someone lends a normal car to a permitted user, there are liability caps for the owner - $100,000 per person, etc. And accidents with a normal vehicle are almost always covered by insurance. But even though a golf cart is defined as a motor vehicle, it is not considered a motor vehicle for the purposes of the liability cap. And that means the owner now has unlimited vicarious liability. In the Chiong case, the plaintiffs were awarded $50 million!
Insurance Considerations
While not legally required, it is highly advisable for golf cart owners to carry insurance. Standard homeowners’ insurance policies may offer limited coverage for golf carts, but this is often insufficient for road use or significant accidents. Automobile insurance may not cover a golf cart either. So check your policy. Specialized golf cart insurance can provide comprehensive coverage, including liability, collision, and medical payments.
Accident Reporting and Legal Obligations
In the event of an accident, golf cart operators must adhere to the same reporting requirements as other motor vehicle accidents. This includes providing contact and insurance information, reporting the accident to local law enforcement if there are injuries or significant property damage, and cooperating with any investigations.
Minimizing Liability
Golf cart owners can take several steps to minimize their liability:
Education: Ensure that all operators are aware of and comply with local laws and safety regulations.
Maintenance: Regularly inspect and maintain the golf cart to ensure it is in safe operating condition.
Supervision: Supervise younger or inexperienced drivers and restrict the use of the golf cart to responsible individuals who have a driver's license.
Insurance: Obtain adequate insurance coverage tailored to golf cart use.
Conclusion
Owning a golf cart in Florida comes with unique legal responsibilities and potential liabilities. You should check the law of your jurisdiction before you buy one. By understanding and adhering to state laws and local ordinances, maintaining proper insurance, and practicing safe operation, owners can enjoy their golf carts while minimizing the risk of legal complications.
Comments