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May 27, 2024 by Greg Baumgartner
May 27, 2024 by Greg Baumgartner. This article discusses important aspects of Negligent Entrustment Claims in Texas.
In some circumstances, a vehicle owner can be held accountable for another person’s vehicle use, especially in auto accidents. This concept is called negligent entrustment. Negligent entrustment means the legal liability of a property owner for harm caused by someone they entrusted with their vehicle or property. The owner must ensure that the individual entrusted is competent, particularly in vehicle ownership and employer-employee relationships, where a lack of due diligence can lead to significant legal and financial repercussions.
After a car accident in Houston, this concept is used to hold others accountable for injury accidents. The Houston personal injury attorneys at Baumgartner Law Firm answer the following three questions:
Negligent entrustment is a legal principle that holds individuals or entities accountable for harm caused by someone they’ve entrusted with property. This concept is rooted in tort law, which aims to provide fair compensation to victims of negligence. Negligent entrustment happens when a vehicle owner lets an unlicensed or reckless driver use their car, which can lead to a motor vehicle accident. This principle ensures owners carefully choose who can use their property and the driver’s qualifications and competence. This helps prevent harm and keeps roads safe.
Negligent entrustment is entrusting a vehicle or equipment to someone who should not be driving or using the equipment.
In Texas, a claim of negligently entrusted a motor vehicle can establish legal liability if the plaintiff can prove the following:
Proving that the driver’s negligence proximately caused the accident is essential to establish a negligence entrustment claim.
Entrustment refers to a driver’s use of the vehicle, and the critical time is when the car is lent. Permission to use the vehicle can also be implied through a course of conduct or a lack of objection to its use.
It is perfectly legal in Texas to lend property to anyone you want to lend the property to. If your neighbor came over and asked to borrow a shovel, it is perfectly acceptable to lend him it. You own the property. You have the right to use it however you want. Any property subject to negligent entrustment claims must be capable of causing harm if misused.
The same applies to your vehicle. You have the right to lend your vehicle to others. Negligent entrustment happens when you let someone use your vehicle when you shouldn’t. Allowing an intoxicated driver to use your vehicle can lead to significant legal liabilities, especially if an accident occurs.
Negligent entrustment can also be used as a legal theory in cases other than car crashes. If a heavy machinery operator is not trained or qualified, they might cause an accident at a construction site. In this case, someone can file a claim for negligent entrustment. You can read more about this construction site accident. A commercial vehicle accident could be where you allowed a driver to drive who did not have the proper license.
Another example of how our personal injury lawyers in Houston have used negligent entrustment is in trucking accident lawsuits. Many motor carriers negligently hire truck drivers, putting unqualified drivers on the road.
Negligent entrustment can occur when owners lend their vehicle to an unlicensed, incompetent, or reckless driver. This includes drivers with a history of reckless driving, those who are visibly intoxicated, or those who are unlicensed or inexperienced. Vehicle owners are responsible for ensuring that the drivers they entrust with their vehicles are competent and safe.
In Texas, vehicle owners can be held liable for accidents caused by unlicensed, incompetent, or reckless drivers. The owner has a duty to ensure that the driver is qualified and capable of operating the vehicle safely. If the owner fails to meet this duty, they can be held responsible for any damages or injuries caused by the driver’s negligence.
Negligent entrustment can involve more than just unlicensed drivers. The most common case is when someone lets a driver use their car after they know facts showing the driver should not be driving.
The most common situation is when someone lets another person drive their car. They know that the person has been drinking or using drugs. In cases like these, punitive damages might be sought. In addition to jail time for the drunk driver, civil liability can be substantial.
Let’s say your brother asks to borrow your car, and you let him use it. That is perfectly acceptable. What if your brother had been drinking when you agreed to let them use the vehicle? If your brother has an accident and is found to be legally drunk, you might get sued. This could happen under a negligent entrustment theory.
This means you did not cause the accident by driving, but you were negligent in loaning your vehicle to a driver you knew was drinking.
Let’s say your brother asks to borrow your car, and you let him use it. That is perfectly acceptable. What if your brother had been drinking when you agreed to let them use the vehicle? If your brother has an accident and is found to be legally drunk, you might get sued. This could happen under a negligent entrustment theory.
This means you did not cause the accident by driving, but you were negligent in loaning your vehicle to a driver you knew was drinking. Checking a driver’s poor driving history before lending a vehicle is crucial, as failing to do so can lead to legal consequences.
However, let’s say that your brother was an alcoholic. Did you lend your brother the vehicle even though you knew he had an alcohol problem? If he gets into a wreck, could you be in trouble for negligent entrustment? If you let someone borrow your car and they get drunk in an accident, you could be held responsible. This is called negligent entrustment.
If your brother had a driver’s license, the lawsuit against you might not succeed. This is especially true if he was sober during the accident.
If a trucking company hired a driver not qualified to drive a big rig, that company might be pursued under negligent entrustment claims. Our Houston truck accident lawyers have won many cases against trucking companies with unqualified drivers. Usually, we have to sue the truck driver to learn the facts.
Of course, there are many other causes of action and ways to prove negligence in a truck accident case or in a car accident lawsuit.
There are many common causes of car accidents. One situation is when the driver should not have been behind the wheel, and another is when someone shares responsibility for allowing them to drive. The driver’s recklessness or dangerousness should be determined when the vehicle was lent to the driver.
In our example, if you loaned your car to your brother, and he had not been drinking before you loaned him the car. But later on, your brother stopped by a bar, got drunk, left, and then caused a drunk-driving car accident.
You would not be liable for negligent entrustment if you did not lend him the vehicle. The bar might have a separate issue if they were knowingly over-serving him under a dram shop lawsuit.
Of course, there are other ways that a motor vehicle owner may be liable for its use, such as an employee who is on the job for the company at the time of an accident and in the course and scope of their employment.
Unlike negligent entrustment, vicarious liability holds employers accountable for the actions of their employees within the scope of employment.
Read more: What Happens in Texas When You Let Someone Else Drive Your Car, and They Get into an Accident?
The case of Williams v. Steves Industries, Inc. provides the elements of negligent entrustment in Texas, which are:
In Texas, a negligent entrustment claim requires the plaintiff to prove five key elements:
The defendant must have given the motor vehicle to the driver. This can be by lending, leasing, renting, gifting, or allowing use. This means the owner gave the driver access to the vehicle, knowing they would be using it.
Knowledge of Incompetence or Unfitness:
The defendant must have known that the driver was not fit to drive. They should have had a reason to believe this. This knowledge can come from different factors. For example, it includes knowing about the driver’s past reckless driving. It also includes if the driver lacks a valid license or has a record of negligent driving.
The entrustment of the vehicle must have been a direct and foreseeable cause of the harm that occurred. In other words, it must be shown that the harm wouldn’t have happened if the defendant hadn’t given the vehicle to the driver. This establishes a clear link between the owner’s decision and the resulting accident.
The plaintiff must show they suffered real damages because of the driver’s vehicle use. These damages can be tangible (e.g., medical expenses, property damage, lost wages) and intangible (e.g., pain and suffering.
The driver’s negligence must have caused the motor vehicle accident. This can include reckless driving, speeding, or failure to follow traffic laws. The plaintiff must show that the driver acted carelessly, which must have caused the accident and injuries. By knowing these five elements, people can better handle negligent entrustment cases and seek fair compensation for their injuries.
These elements must be proven by a preponderance of the evidence, meaning that it is more likely than not that the vehicle owner was negligent in entrusting the vehicle to the driver.
Read More: Negligent Hiring of Truck Drivers
Legal Consequences of Negligent Entrustment
The legal consequences of negligent entrustment can be severe. Vehicle owners liable for negligent entrustment can be required to pay damages to the plaintiff, including medical expenses, lost wages, and pain and suffering. In some cases, punitive damages may also be awarded.
In addition to financial damages, vehicle owners who are found liable for negligent entrustment may also face other legal consequences, such as increased insurance rates or even criminal charges. These repercussions underscore the importance of vehicle owners exercising due diligence when lending their vehicles.
Defenses Against Negligent Entrustment Claims
Several defenses can be raised against a negligent entrustment claim. These include:
The vehicle owner can raise these defenses to avoid liability for negligent entrustment. Successfully proving any of these defenses can significantly impact the outcome of a negligent entrustment claim.
How to Protect Yourself from Negligent Entrustment Claims
There are several steps that vehicle owners can take to protect themselves from negligent entrustment claims. These include:
By taking these steps, vehicle owners can reduce their risk of being held liable for negligent entrustment and protect themselves from costly lawsuits. Proactive measures and due diligence are key to avoiding the pitfalls of negligent entrustment claims.
If your loved one has been injured in an accident in Harris County, Texas, and has questions regarding whether the doctrine of negligent entrustment may apply, look for the best Houston personal injury attorney to discuss the matter with them as soon as possible after the accident.
Contact the Houston personal injury law firm of Baumgartner Law Firm at (281) 587-1111.
Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, TX, 77069
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Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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