Liability for Negligent Entrustment of Vehicles
In their Trial Practice column, Robert S. Kelner and Gail S. Kelner write that while in many cases it is sufficient to hold a vehicle owner statutorily responsible under VTL §388 for loaning his or her vehicle to an unfit driver, there may be occasions where there is an adequate foundation for the common law claim of negligent entrustment, which may allow proof to be introduced at trial as to the dangerous propensities of the operator not admissible under §388.
September 21, 2015 at 04:20 PM
12 minute read
Negligent entrustment is a tort predicated upon a party permitting the use of a dangerous instrumentality by another, where the potential for misuse by that person is foreseeable and where such misuse results in injury to a third party. In Hamilton v. Beretta U.S.A. Corp., 96 N.Y.2d 222, 237, 727 N.Y.S.2d 7 (2001), the Court of Appeals articulated the broad principle underlying this tort in stating: “The tort of negligent entrustment is based on the degree of knowledge the supplier of a chattel has or should have concerning the entrustee's propensity to use the chattel in an improper or dangerous fashion.”
In this column, we address the concept of negligent entrustment specifically as it applies to vehicles. Under common law principles, the owner of a vehicle who permits its use by an incompetent or unfit person, knowing or having reason to know that such driver was unfit to drive, may be held liable for the negligent acts of the driver.
This common law claim for negligent entrustment is generally less significant in most motor vehicle cases than the vicarious liability provisions of Vehicle and Traffic Law §388 which imposes liability against the owner of a motor vehicle for the negligence of its permissive users. This statute provides:
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