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Negligent Entrustment Defined

January 28, 2007 09:04 AM

Nelgigent entrustment is defined as when a person is liable for injuries proximated caused by entrusting one's property in the hands of someone he knows or should have known will use it in a manner that is unreasonable and will pose a serious risk of harm to others.

When doing an analysis using negligent entrustment, the focus is generally on the forseeability of the harm. Was the harm a foreseeable risk? This does not focus on the particular injury but rather on the defendant's conduct and whether it was likely to result.

Automobiles
Negligent entrustment of automobiles happens to be one of the most common forms of negligent entrustment. Some examples would be an owner who allows an intoxicated driver use the car; a father who allows his son borrow a his car, and is aware that his son has been in several recent car accidents.

Firearms
Negligent entrustment can apply in any instance where an owner of a potentially dangerous product allows another to borrow it. This includes firearms. However, a stolen gun from a gun cabinet cannot meet the elements for negligent entrustment.

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