A lawsuit for negligent entrustment arises when the owner of a motor vehicle entrusts (i.e. giving something you own to another person for a temporary period of time) it to someone the owner knows to be incapable of using the vehicle properly and a third party is injured.
Liability for negligent entrustment is determined by applying general principles of negligence. In order to prevail on a theory of negligent entrustment, the injured party must show that the vehicle's owner knew or should have known that the person to whom the vehicle was entrusted was reckless or incompetent.
There are two approaches to establishing liability under a theory of negligent entrustment, which differ depending on the state in which you live:
If you are involved in an automobile accident and you believe that you have been injured by someone who is driving a vehicle owned by someone else, you may be able to sue the actual owner of the vehicle under a theory of negligent entrustment. Before pursuing such a lawsuit, however, you should retain an attorney. An experienced personal injury attorney can accurately inform you whether you have a case against the true owner of the vehicle. He can also aid you in discovering if the owner was negligent in entrusting the vehicle to the person responsible for your injuries.
Last Modified: 05-31-2012 02:11 PM PDTLaw Library Disclaimer
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