Vreeland v. Ferrer

I agree with the Second District that federal law preempts the application of Florida’s dangerous instrumentality doctrine to Vreeland’s claim that Aerolease, as the owner of the aircraft, is vicariously liable for the pilot’s negligence. See Vreeland v. Ferrer, 28 So.3d 906, 912 (Fla. 2d DCA 2010).

The relevant portion of the Federal Aviation Act, 49 U.S.C. § 44112, provides as follows:(b) Liability. — A lessor, owner, or secured party is liable for personal injury, death, or property loss or damage on land or water only when a civil aircraft, aircraft engine, or propeller is in the actual…