Negligent Entrustment of Vehicle in Tennessee Auto Accidents
Did you know that if you have been injured in a Tennessee car accident, you may have a cause of action against both the driver and the owner of the vehicle? In fact, there are at least three possible legal theories that you can use to bring the owner of the vehicle into the lawsuit when he or she was not the actual driver. These theories include the family purpose doctrine, respondeat superior, and negligent entrustment. Of the three, I discuss negligent entrustment here.
In Tennessee, liability may attach to persons who entrust potentially dangerous personal property to those considered too incompetent to handle the responsibilities that go along with possession of that property. For example, a person who gives (entrusts) his car keys to someone whom he knows is intoxicated may be liable if the intoxicant subsequently is involved in an auto accident that causes serious personal injury in Tennessee to another.
The above-described theory is called negligent entrustment. In a Tennessee motor vehicle accident, an owner is legally responsible for the fault of another under a negligent entrustment cause of action if:
- The owner gives permission to the person to use the vehicle; and
- The owner knows, or from the facts known to the owner should know, that the user is under the influence of intoxicants or drugs, a reckless driver, or is otherwise incompetent; and
- The intoxication, recklessness, or incompetence of the person permitted to use the vehicle is the legal cause of the injuries to the Plaintiff.
It should also be noted that negligent entrustment is not just limited to vehicles but has been extended to other things considered to be inherently dangerous. For example, in a case recently decided by a Tennessee court, a gas station was held liable for negligent entrustment of gasoline when the attendant permitted a driver to pump gas when he knew that the driver was intoxicated.
If you have been injured in a Tennessee motor vehicle accident, there are several legal options available to you. To learn more about these options, call 866-853-2888 today to speak with a skilled Sevierville auto accident lawyer from Baker Associates.
