Negligent Entrustment


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Negligent Entrustment

The act of leaving an object, such as an automobile or firearm, with another whom the lender knows or should know could use the object to harm others due to such factors as youth or inexperience.

Negligent entrustment claims arise when an unlicensed, incompetent, or reckless driver causes damages while driving a motor vehicle owned by someone else. A party injured by such a driver must generally prove five components of this tort: (1) that the owner entrusted the vehicle to the driver; (2) that the driver was unlicensed, incompetent, or reckless; (3) that the owner knew or should have known that the driver was unlicensed, incompetent, or reckless; (4) that the driver was negligent in the operation of the vehicle; and (5) that the driver's Negligence resulted in damages (Amaya v. Potter, 94 S.W.3d 856 [Tex. App. 2002]).

If a plaintiff proves these elements, an owner may be liable for the full amount of damages caused by the driver. In some instances, the plaintiff may also recover Punitive Damages from the owner, particularly if the owner himself acted recklessly in entrusting the vehicle to the driver (Allstate Ins. Co. v. Wade, 579 S.E.2d 180 [Va. 2003]).

Further readings

Kionka, Edward J. 1999. Torts in a Nutshell. 3d ed. St. Paul, Minn.: West Group.

References in periodicals archive ?
She also has achieved outstanding results on behalf of clients in personal injury and wrongful death matters, including recently obtaining a multimillion dollar settlement on behalf of a family in a wrongful death case involving negligent entrustment and obtaining a favorable result for a manufacturing client related to a triple-fatality fire involving alleged products liability issues.
Unlike our case against Bushmaster, Camfour (the distributor), and Riverview for the negligent entrustment and marketing of combat AR-15's designed for the military to inflict mass casualties against the enemy to civilians like Nancy Lanza, we expect this claim to be resolved quickly," attorney Josh Koskoff said of the estate lawsuits.
Mitchell Lee Seiders and Nicole Edblom: Plaintiff alleges negligence and negligent entrustment.
The suit raised three tort claims: loss of consortium; negligent infliction of emotional distress; and negligent entrustment.
The result can be a costly jury award or settlement ratcheted upward by the legal liability known as negligent entrustment.
The principle of negligent entrustment is not based on negligence of the at-fault driver, but on negligence of the employer for supplying a vehicle to a driver who is not subject to any assessment, license record cheeks, driver safety training and ongoing activity/performance monitoring.
This bill does nothing to protect firearms or ammunition manufacturers against lawsuits involving the following situations: illegally operating firearms or ammunition manufacturers or sellers, malfunctioning products, breach of contract or warranty and negligent entrustment.
The bill would not block legitimate actions against the firearm industry for cases involving defective firearms, breaches of contract, criminal behavior by a firearm manufacturer or seller, or the negligent entrustment of a firearm to an irresponsible person," said Senator Max Baucus, a Democrat who co-sponsored the bill along with Senator Larry Craigh (R-Idaho).
Truck; rape and shooting in head of hitchhiker by driver; negligent entrustment, hiring, supervision and retention, and ratification of wrongful act; settlement, S300,000 includes 8,000 cash, $1,000 a month beginning at age 21 and guaranteed for 30 years, and Si 98.
New course topics include: Claim 101, Crime Series (featuring Personal Safety and Physical Security Practices, Privacy and Security Protection and Product Theft Prevention), Driver Distractions and Selection, Fleet Safety for Drivers, Healthcare - Privacy and Computer Network Security Risks, Managing Slips, Trips and Falls in the Real Estate Industry, Negligent Entrustment and Risk Transfer for General Liability.