Most commonly found in cases involving car accidents, negligent entrustment is a legal principle in which the entrustor is held liable for harm caused by the entrustee to a third party (plaintiff). If you are a victim of a car or other personal injury accident type in Boston, negligent entrustment may be applicable in your case. The follow provides an overview of what you need to know:
What Is Negligent Entrustment?
As stated above, negligent entrustment is a legal theory in which party A is held liable for party B’s actions (that caused party C harm). The theory is based on the concept that party A negligently entrusted party B with something, and that does so was inherently dangerous. Consider the following example:
John has been convicted of drinking and driving two times in the past five years. His best friend, Bill, knows about this, and also knows that John has a drinking problem. Regardless, when John asks Bill if he can borrow Bill’s car, Bill consent. John drives the car while intoxicated, hitting a pedestrian and causing serious injuries.
In this case, Bill may be held liable for the pedestrian’s injuries because Bill should have known that John’s operation of the vehicle could prove to be dangerous. Therefore, the lending of the car to John was irresponsible, or negligent.
In order to prove negligent entrustment, the plaintiff must prove that the entrustor knew or had cause to know that the entrustee was unfit to operate the entrusted item. Again, while this is most common in car accident cases, it could theoretically be applied in multitude case types.
Does Negligent Entrustment Apply in My Case?
Think about how your accident occurred – was a motor vehicle or motorized object of any type involved? For example, if you were a worker who was injured on the job in a forklift accident, who was operating the forklift? Or, if you were hit by a minor without a license, did the minor’s parents lend them the car? If there was another party involved who should have known not to lend the vehicle/motorized object, this party may be held liable.
Let Our Boston Personal Injury Attorney Represent You
The theory of negligent entrustment is similar to the theory of vicarious liability, in that it holds that another party can be held liable for the actions of another. To help you explore these theories and how they apply to your personal injury case, reach out the Deborah Gold-Alexander, Attorney at Law today for a free case consultation. Deborah Gold-Alexander has nearly 30 years’ experience representing victims of tragic personal injuries. Reach her law office now at 781-289-4235.