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 ?
In this appeal relating to his personal injury action, Soletski contends the circuit court erred by determining that: (1) his safe-place claim was barred by the builder's statute of repose; (2) his common-law negligence and negligent entrustment claims were barred by the general rule that a principal employer is not liable in tort for injuries sustained by an independent contractor's employee while that employee is performing the contracted work; and (3) Krueger's claims for taxable costs were not forfeited despite the fact that the judgment was not perfected within thirty days of its entry.
They also claimed negligent entrustment by the bar for allowing Bonny, the bartender, to keep a gun under the bar that she tried to use during the robbery attempt.
Strict Liability; Statute of Repose; Negligent Entrustment
This volume consists of 13 case files for basic trial advocacy, including various civil and criminal fact patterns related to bank robbery, domestic violence, failure to warn, unlawful termination, breach of contract, DUI and hit and run, negligent entrustment, undue use of force, failure to pay insurance proceeds, murder, unfair employment practices, sexual assault, and wrongful death, to help students practice opening statements and closing arguments, as well as direct and cross-examinations.
The Clar complaint brought seven causes of action: negligent hiring, retention, supervision, selection and qualification (Count I), intrusion upon seclusion (Count II), breach of contract and of the implied duty of good faith and fair dealing (Count III), violation of section 3-902 of the Criminal Law Article (Count IV), negligent violation of section 3-902 of the Criminal Law Article (Count V), negligent entrustment (Count VI) and intentional infliction of emotional distress (Count VII).
Broughton of Roanoke, said the negligent entrustment allegations against the Hoopers unquestionably added to the value of the case.
Thus, plaintiffs claim included ordinary negligence and negligent entrustment. As a result of the collision, plaintiff suffered serious injuries that have significantly altered and impaired her lifestyle.
The court also determined that although the PLCAA provides an exception to this protection in cases of negligent entrustment, Missouri law does not recognize a cause of action for negligent entrustment against sellers.
Nine victims' families and a teacher wounded in the attack contend Bushmaster Firearms International and Remington Arms should be liable under a"negligent entrustment" exception in the immunity shield.
Plaintiff filed a petition for personal injuries against Pulitzer, Carron, Meriwether, and Medrano alleging negligence based on different theories including respondeat superior, negligent hiring, negligent retention, and negligent entrustment. (55) Pulitzer sought summary judgment claiming it did not have a master-servant relationship with Medrano, Carron, or Meriwether and, therefore, could not be held liable for any of their negligence.
"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.
Acuity, as subrogee of Alice, George, and Mark filed a two-count complaint in the circuit court of Cook County, alleging negligence against Mario and negligent entrustment against Elia.