Can a passenger of one vehicle sue a passenger of a different vehicle alleging that the latter negligently told the vehicle driver that it was safe to back up when, in fact, it was not, and the resulting wreck injured the former?
This is a classic duty question – it has been certified to the Florida Supreme Court. Read the opinion here.
Remember that even if there is not a duty in general there may well be a duty because of the “gratuitous undertaking” of giving the driver advice. But that gives rise to a duty issue itself. Why? Because while the passenger who undertook the duty to “be on the lookout” for the driver of his car would clearly owe a duty to that driver and probably other passengers in that car there is still an issue of whether the passenger would owe a duty to the passengers of other vehicles.
Thanks to Matt at Abstract Appeal.