A Florida appeals court has reversed a lower court's ruling that favored a vehicle owner, Steve Haberkorn, in a towing dispute involving Larsens Automotive, LLC. The court determined that the law cited by Haberkorn did not provide him with a private civil cause of action against the towing company. This decision, issued on August 20, 2021, could have significant implications for similar cases in the state.
The case began when Haberkorn's vehicle was towed from his apartment complex in January 2017 without his knowledge or consent. After discovering the vehicle was at Larsens' towing yard, Haberkorn went to retrieve it. Upon arrival, he paid $75 and signed a towing receipt that included a waiver of liability. After inspecting his vehicle, he noticed damage estimated at $700.85.
In January 2018, Haberkorn filed a complaint against Larsens, claiming the company violated section 715.07(2)(a)9 of the Florida Statutes by requiring him to sign a liability waiver as a condition for retrieving his vehicle. This section prohibits towing companies from conditioning the release of a vehicle on such waivers. Haberkorn sought damages for the towing, storage, and any damages resulting from the towing process.
In January 2019, Haberkorn moved for summary disposition, arguing that there were no issues to be tried regarding Larsens' violation of the law. The trial court agreed and ruled in favor of Haberkorn, stating that Larsens had indeed violated the statute. The court awarded him damages totaling $775.85 and allowed him to seek additional damages if necessary.
However, Larsens appealed the ruling, arguing that there is no private civil cause of action for violations of section 715.07(2)(a)9. The court noted that a similar case, Mallery v. Norman L. Bush Auto Sales & Service, Inc., had recently concluded that the statute only provides for criminal penalties, not civil remedies.
The appeals court agreed with Larsens, stating, "the legislature, based on the plain language of the statute, chose a criminal penalty—a felony for that matter—to enforce a towing company's noncompliance with subsection (a)(9)." The court emphasized that the law does not create a private civil cause of action for vehicle owners against towing companies.
As a result, the court reversed the trial court's judgment in favor of Haberkorn and remanded the case for vacatur. This ruling underscores the limitations of legal recourse available to vehicle owners in similar towing disputes.
The implications of this ruling are significant for vehicle owners and towing companies alike. Vehicle owners may find it more challenging to seek damages in similar situations, as the court's decision clarifies that violations of the towing statute do not automatically translate into civil liability for towing companies. This could deter individuals from pursuing legal action in such cases, knowing that the law may not support their claims.
Moving forward, vehicle owners who believe they have been wronged by towing companies may need to explore other legal avenues or seek legislative changes to address their grievances. The ruling may also prompt towing companies to review their practices to ensure compliance with the law without exposing themselves to potential liability.
As for Larsens Automotive, the company has successfully defended itself against this claim, but the broader implications of this case may influence how similar disputes are handled in the future. The court's ruling may serve as a precedent for other cases involving towing disputes in Florida.
Details were not available in the court filing regarding whether Haberkorn plans to appeal the decision or if there are related cases pending. The court filing did not name the attorneys involved in the case.