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Florida Appellate Court Affords Lyft Broad Immunity Under Section 627.748(18), Florida Statutes (2022), for the Actions of One of its Drivers

May 15, 2026

by Kimberly Kanoff Berman and Idan Raffael Livnat

Florida’s Fourth District Court of Appeal affirmed the dismissal of negligent and fraudulent misrepresentation claims against transportation network company (TNC), Lyft Florida, Inc., concluding such claims are barred by the plain text of section 627.748(18), Florida Statutes (2022).

In Haddad v. Lyft Florida, Inc., 4D2025-017 (Fla. 4th DCA May 13, 2026), a rideshare passenger alleged she was assaulted by her Lyft driver. She sued for negligent and fraudulent misrepresentation, alleging statements on Lyft’s website led her to believe that her ride would be safe and that she would not suffer personal injuries at the hands of a Lyft driver. Lyft moved to dismiss, contending that section 627.748(18) provided it with immunity against such claims.

Subsection 18 provides that “[a] TNC is not liable under general law by reason of owning, operating, or maintaining the digital network accessed by a TNC driver or rider…for harm to persons or property which results or arises out of the use, operation, or possession of a motor vehicle operating as a TNC vehicle while the driver is logged on to the digital network” under three circumstances if: (1) there is no negligence under this section or criminal wrongdoing under the federal or Florida criminal code on the part of the TNC; (2) the TNC has fulfilled all of its obligations under this section with respect to the TNC driver; and (3) the TNC is not the owner or bailee of the motor vehicle that caused harm to persons or property.

The trial court agreed that subsection 18 provided Lyft with immunity and dismissed the complaint.

With the benefit of oral argument, the Fourth District affirmed the dismissal. In doing so, the court concluded that subsection 18’s plain text makes clear that the immunity conferred under section 627.748(18) is much broader than traditional vicarious liability. Thus, the passenger’s claims for negligent and fraudulent misrepresentations, which arose out of the use, operation, or possession of the vehicle operating as a TNC vehicle while the driver was logged on to the network, were barred. It did not matter that the complaint purported to plead negligence by Lyft rather than a traditional vicarious liability theory. The negligent act asserted against the TNC had to relate to a negligent failure to meet the statute’s requirements for rideshare companies.

This is a favorable decision for TNC companies. Plaintiffs will need to carefully tailor their allegations to overcome the broad immunity set forth in the statute. Otherwise, their claims will be subject to dismissal out of the gate. TNC companies should look to dismiss Plaintiff’s complaints from the outset. The immunity is not a traditional affirmative defense. Thus, trial courts can rule on the immunity at the motion to dismiss stage.

Firm Highlights

Thought Leadership

Congress Passes Financial Exploitation Prevention Act

On June 25, 2026, the House passed the Financial Exploitation Prevention Act of 2025 (“the Act”) by a vote of 414 to 2. The Act allows financial advisors and firms to delay suspicious transactions regarding the accounts of clients who are 65 or older, if they believe financial exploitation has occurred or is about to take place. With the advancement of technology and AI, the House’s overwhelming bipartisan passage of the Financial Exploitation Prevention Act represents an important step in strengthening the financial industry’s ability to combat the growing threat of elder financial exploitation. The Act recognizes what advisors have long known that financial professionals are often the first to detect suspicious behavior but have historically lacked clear legal authority to intervene before irreversible financial harm occurs. From the industry’s perspective, the bill accomplishes several important objectives, including the following: (1) Provides a practical “pause button” by allowing financial professionals to temporarily delay certain transaction requests when there is a reasonable belief that a senior or vulnerable adult is being financially exploited; (2) Empowers financial professionals to act by providing greater certainty that firms can act in good faith to protect clients without unnecessary legal risk; and (3) Strengthens investor protection without sacrificing client rights by allowing temporary delays based on a reasonable suspicion of exploitation, which is intended only to allow additional review and not to deny clients access to their money indefinitely. In sum, the Financial Exploitation Prevention Act will equip financial professionals with practical, carefully tailored tools to stop suspected financial exploitation before client assets are lost. By allowing firms to temporarily delay suspicious transactions under defined circumstances, Congress is recognizing the critical role advisors play as the first line of defense against increasingly sophisticated fraud schemes. The Act strikes an appropriate balance between protecting vulnerable investors and preserving individual financial autonomy, while reinforcing collaboration among advisors, families, and law enforcement to combat financial exploitation. The bill now awaits Senate action.

Event

Florida Insurance Fraud Education Committee (FIFEC)

Sean and Alex will present, "Life Care Plans: From Low Impact to Policy Limits," focusing on the history and expanding use of life care plans in litigation and their ability to transform low impact injury claims to disproportionate high value claims. By focusing on the limitations of life care planners, Florida's tort-reform on medical damages, and the Daubert standard, extraordinary life care plans with inflated future medical care recommendations can be defended.

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blue facade of a hospital sign against blue sky

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Thought Leadership

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Thought Leadership

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