What Does Negligent Entrustment Actually Mean?
In some accidents, there are people who did not directly cause the accident, but despite that, they can still be liable to compensate a victim of an accident. This often happens when someone allows someone else to use an item–usually, a vehicle–that causes injury to someone else.
Negligent Entrustment
It’s called negligent entrustment. As the name suggests, it means that someone negligently allowed someone else to use or operate a vehicle or other dangerous item, despite knowing that the person using the item or driving the car, should not have been entrusted with the use and possession of that item.
This often happens when minors cause accidents. Even if the minor was a fully licensed driver, a parent who allows a minor to use a vehicle that is involved in an accident, can be sued for allowing the minor to use the vehicle or item, because minors are assumed by the law to be incompetent. The younger the age, the more likely it is that the entrustment of the item or car to the minor by the adult, was negligent.
Someone who trusts an item to another doesn’t have to know with 100% certainty that doing so would be dangerous or cause injury; the victim only needs to show that the entrustment would create an unreasonable risk of injury to another.
Who Can be Trusted?
How does someone know when another person should not or cannot be trusted to use a car or other item?
Sometimes, it depends on the circumstances. Imagine someone who allows another to borrow the car keys, knowing that the person is drunk or under the influence of drugs. Other times, there is always potential liability, such as with minors; the law assumes that minors are not as competent behind the wheel, and thus, adults who allow minors to use cars, can almost always be sued for negligent entrustment, when the minor causes someone else injury.
In fact, parents, often without giving it much thought, allow minors to use items which are potentially dangerous to others.
Many parents would never allow their child to use the family car–but they will allow that same minor to drive a golf cart they might own, or an all-terrain vehicle (ATV). When minors take these vehicles, and cause injury to others, the parents may be liable to the victims.
Other Dangerous Items
While we tend to think of negligent entrustment cases as involving cars, there can be other items that can be dangerous and lead to negligent entrustment claims as well. Imagine a parent that allows a minor to use a power tool or even a gun, and the minor accidentally injures someone.
Employer and Employee
Negligent entrustment isn’t just for minors. It can also include scenarios, where an employer allows an employee to operate a vehicle, or use other dangerous items, such as heavy machinery, that ends up injuring someone else.
Often, an employer will allow an employee to, for example, operate a truck without the proper trucking license, or allow an employee to use a forklift inside of a store, without proper training.
There may be more people liable for your accident than you think. Contact our Rhode Island injury lawyers at Robert E. Craven & Associates.
