Negligent Entrustment
1Elements and Case Citations
“[W]here a plaintiff claims she was harmed because of a defendant’s actions in negligently permitting a driver to use the defendant’s vehicle, the plaintiff must prove all of the following:
1. That [the driver] was negligent in operating the vehicle;
2. That [the defendant] was an owner of the vehicle operated by [name of driver];
3. That [the defendant] knew, or should have known, that [the driver] was incompetent or unfit to drive the vehicle;
4. That [the defendant] permitted [the driver] to use the vehicle; and
5. That [the driver]'s incompetence or unfitness to drive was a substantial factor in causing harm to [the plaintiff].”
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- The rest of the elements for this cause of action;
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