In a previous post, we defined negligent entrustment and gave some examples of situations when this legal term would come into play. In this article, we will finish the series by providing more examples and discussing how negligent entrustment can affect your personal injury case.
Recap: What is Negligent Entrustment?
The legal definition is:
The entrusting of a dangerous article (as a motor vehicle) to one who is reckless or too inexperienced or incompetent to use it safely. (Source: www.findlaw.com)
Elderly Drivers
Here is the scenario:
John’s parents go out of town and leave his elderly grandfather in charge. One of the grandfather’s duties is to drive John to and from school. Running late in the morning, the grandfather forgets his glasses before he leaves. On the way, he rear-ends the car in front of him at a red light.
In this scenario, the parents could be held liable for any personal injuries or property damage. Just as someone can be liable for lending a car to a minor, lending a vehicle to someone whose advanced age makes them unfit to drive (for example, an elderly driver with particularly slow reaction time or reduced vision) may constitute negligent entrustment.
Ill Drivers
Here is the scenario:
You are riding your bike at night when a car clips your back wheel while turning right at an intersection. You find out the driver didn’t own the car; the passenger did. The two were on a road trip and it was the friend’s turn to drive. You also find out the driver suffers from severe sleep apnea.
The sleep apnea may make the owner of the car responsible for injury and property costs. Lending a car to a driver who suffers from an illness that affects his or her driving for example, a person prone to falling asleep at the wheel may constitute negligent entrustment.
Unlicensed Drivers
Here’s the scenario:
After a long day at the construction site, Barry feels too tired to drive so he asks his friend Jose to drive him home. Unknown to Barry, Jose’s license had expired. On the way home, Jose misses a street sign, turns at a red light, and hits a car.
Barry could be liable for the injury and property damage in the above scenario. Lending your car to someone who cannot drive legally could be construed as negligent entrustment.
Summary
I hope these examples help clear up this complex legal area. The bottom line is this: lending your vehicle to others is a risk. There is a host of ways the actions of the driver can haunt the lender. And if you’re the victim of one of these accidents, it’s important to find out who the liable parties are and what they are responsible for.
My office is always willing to listen if you’ve been in a car accident through no fault of your own and you suspect negligence from the at-fault party. We’ll get to the bottom of the situation and make sure you recover to the full extent of the law. Call (267) 627-4JOE (267-627-4563) or visit www.joemitchellattorney.com to set up an appointment.
