The protections from liability afforded to commercial vehicle lessors for injuries suffered by the driver of a leased or rented vehicle do not apply to dealerships that provide customers with complimentary loaners as a “gratuitous bailment,” a Florida state appellate court said Friday.

Florida’s Fifth District Court of Appeals held Friday that the provision of a complimentary loaner vehicle is not considered a rental or lease transaction and, therefore, the Graves Amendment—which prohibits imposition of vicarious liability on a category of commercial vehicle lessors for injuries resulting from the negligent use of the vehicle during the period of a rental or lease—does not apply.

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