Lawyers Representing Clients Who Have Been Harmed Due to the Negligent Entrustment of Others in Union County
Negligent entrustment is when someone is held responsible for negligently providing another person with a dangerous object, tool, machinery, or equipment and that person in turn injures you or a family member. Negligent entrustment typically arises when a car owner lends another person their car, and without ensuring that the individual has the ability to safely drive the car, causes an accident resulting in injury to you or a loved one. Commonly, the negligent entrustment claim is made against a family member or an employer.
Family Member Entrustment Claim
Typically, there is no legitimate legal cause of action against a parent where their child causes an auto accident. Typically, the legal claim will arise solely against the culpable child. However, there are two exceptions. First – is there a “negligent entrustment” claim, such as when a parent/car owner “negligently entrusts” use of a vehicle to the child who cause the accident. To prevail on such a claim for negligent entrustment, the injured party would need to demonstrate not only that the parent had knowledge of the child’s poor driving, lacked a license, had medical limitations, or allowed the child to operate a dangerous vehicle, for example. The second exception would be if the parent allowed the child to operate the vehicle as an agent for the parent, such as carrying errands for the parent’s business or affairs.
Employer Entrustment Claim
A company owner of a vehicle can be held liable if you can prove that: (1) the motor vehicle was driven with permission of the owner, (2) the driver was in fact incompetent, and (3) the company owner knew of the incompetency at the time the vehicle was sent out.
Allowing an incompetent, intoxicated, mental or physical defects, or allowing a known dangerous driver to operate an employer’s motor vehicle may subject the employer to liability.
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