Negligent EntrustmentYou were at a party when your best friend asked you if he could borrow your car to run a quick errand. The only problem was that he had been drinking (you knew that but figured he was okay to drive).
He ended up having an accident where someone got hurt, and now you've learned that you are being sued by the injured victim. How can that happen?
In some states, if you lend your car to a reckless, incompetent or unfit driver, you can be held liable for damages caused by the driver if he or she gets in an accident. This is known as negligent entrustment. To win damages in this type of case the person bringing the lawsuit has to prove that you knew or should have known that the driver you lent the car to was not fit to drive at the time.
Some examples of drivers that you could be held liable for if you lend them your vehicle include:
a) A drunk driver;
b) An underage driver or unlicensed driver;
c) An inexperienced driver (such as a driver with a learners permit);
d) An elderly driver who is extremely frail or has rally slow reaction times;
e) A driver with an illness that makes him or her unfit to drive (such as narcolepsy);
f) A driver with a history of reckless driving.
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