Entrusting a dangerous instrument like a car to someone known to be incapable of operating it safely is itself an act of negligence. When that person causes harm, the owner can face legal liability for negligent entrustment — separate from the driver’s own fault.
What negligent entrustment means
Negligent entrustment occurs when someone — such as an employer — puts a potentially dangerous instrument, such as a vehicle or firearm, in the hands of a person known to misuse that type of tool. The key to holding the owner liable is proving they knew, or should have known, about the other person’s history and let them use the instrument anyway.
If an employer knowingly lets an employee with a documented history of reckless driving use a company vehicle, and that employee causes an accident, the employer may be liable for negligent entrustment. The claim is not limited to employers, though. If you lend your car to a neighbor you know has a history of reckless driving and they cause a crash, you can be liable for damages if the victim brings a negligent entrustment claim against you.
The elements you have to prove
A negligent entrustment claim turns on four connected elements. The examples below use an employer who entrusted a vehicle to an employee with a known history of reckless driving.
- Entrustment by the owner. You must show the owner gave explicit permission to use the instrument. Handing an employee a company vehicle to use during the workday is permission.
- The owner knew or should have known. You must show the owner knew, or reasonably should have known, that the person was incompetent, unlicensed, or reckless. Prior accidents and similar warning signs should have prompted the owner to reconsider. The problem is not just that the person lacked skill — it is that the owner knew about the inadequacy and ignored it.
- The driver was negligent. Before the owner can be held liable, you must show the operator’s own negligence caused the accident.
- Proximate cause. You must prove a direct link between the operator’s negligence and the resulting accident and damages. This usually requires compelling evidence — witness testimony, expert opinion, and a thorough analysis of how the crash happened.
How a lawyer builds the case
Negligent entrustment cases are evidence-intensive, because liability depends on what the owner knew and when. An attorney assesses the strengths and weaknesses of the claim, then investigates — gathering witness statements, accident reports, and employment records, and consulting experts to establish what the owner should have known.
From there, counsel develops a strategy, negotiates with the opposing party (often an insurer) for a settlement covering medical expenses, lost wages, pain and suffering, and other damages, and takes the case to trial if a fair settlement cannot be reached.
If you were hurt in a crash involving a driver who never should have been behind the wheel, an injury lawyer can tell you whether a negligent entrustment claim applies and who can be held accountable.