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designation which knowledgeable individuals recognized as rental cars 2) several carjackings of rental cars had occurred in certain areas of Miami and that Dollar was aware
of those instances; and 3) Dollar knewthat [the plaintiff] was an arriving British tourist
without specific information as to the existenceof the special license plate designation or
the crimes directed at tourists.” Id. at 468. The trial court entered dismissal after finding
that those allegations did not give rise to a legal duty. The third district reversed, holding
that a legal duty did exist under section 302B, particularly in light of defendant’s
“superior knowledge.” Id. Shurben did not specifically mention the special relationship
doctrine. However, we explained in Family Services that Shurben “demonstrated that
Florida courts have been especially sensitive in finding the requisite special relationship
to exist.” Family Services, 716 So. 2d at 339. The special relationship in Shurben was the
customer-rental agency relationship. The special relationship test is a limitation on the
scope of one’s liability for the intentional acts of third parties. The Restatement and
Florida law set parameters on employers’ liability for the acts of their employees. As the
second district has explained, once liability began to be imposed on employers for acts of
their employees outside the scope of employment, the courts were faced with the
necessity of finding some rational basis for limiting the boundaries of that liability;
otherwise, an employer would be an absolute guarantor and strictly liable for any acts
committed by his employee against any person under any circumstances. Such
unrestricted liability would be an intolerable and unfair burden on employers. Garcia v.
Duffy, 492 So. 2d 435, 439 (Fla. 2d DCA 1986). To expand employers’ liability in this
area would have “broad ramifications,” requiring employers to monitor their employee
relationships apart from work, in areas such as commuting and socializing. See D’Amico
v. Christie , 518 N.E.2d 896, 901-02 (N.Y. 1987) (holding that employer who fired
inebriated employee a...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08