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 ?

This type of case will clearly require a specific set of facts, but when they are present, the plaintiff will have a solid argument against the longstanding theory that a negligent entrustment claim will not provide any additional benefit to the plaintiff.

Saving negligent entrustment claims: for more than 50 years, courts have routinely dismissed negligent entrustment claims when truck companies admit agency in crashes. Here's how to keep your client's claim from getting tossed

Anticipating such claims, Senator Baucus said, "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.

Congressional legislation blasts junk lawsuits! (Industry News)

If it's discovered that the organization placed its drivers on the road without providing instruction in driver safety, the legal troubles only grow--the company can be found liable for negligent entrustment.

Creating a safety culture: by taking a proactive, practical approach to developing and sustaining a fleet safety culture, your organization can greatly improve both employees' well being and the bottom line. (Fleet Safety)

They relied on three theories of liability--negligence, negligent entrustment, and public nuisance--and sought several forms of relief, including compensation for additional costs to abate the alleged nuisance, an injunction, and compensatory and punitive damages.

Another nuisance theory fails to fly

If a cell phone is involved, liability and claims of negligent entrustment can creep in.

Crashing Cells

Williamson and Amanda Perales: Plaintiff alleges defendants' common law negligence caused a traffic accident that resulted in personal injury, also alleges statutory liability and negligent entrustment.

FOR THE RECORD

A man who entrusted a pit bull to his stepson's care can be sued for negligence and negligent entrustment, the Maryland Court of Special Appeals has ruled in a case where a girl was hit by a car while fleeing from the approaching dog.

Maryland appeals court extends negligent entrustment to pit bulls

When cell phones are involved, additional issues such as liability and claims of negligent entrustment are more likely to come into play.

Cell Phones and Driving: A Dangerous Mix?

Eugene, and Michael Crane: Plaintiff alleges assault, battery, false imprisonment, negligent hiring, negligent entrustment and malicious prosecution.

FOR THE RECORD

The bill does not protect the maker or seller of a firearm from suits alleging negligent entrustment or negligence per se, or from those brought for physical injury or property damage "resulting directly from a defect in design or manufacture of the product, when used as intended.

Gun bill has opponents up in arms

Plaintiff alleges defendants' negligence and negligent entrustment resulted in assault and battery.