How To Prove A Michigan Negligent Entrustment Claim

 

 

In Michigan, a claim of Negligent Entrustment is defined as:

The entrusting of a dangerous article (as a motor vehicle) to one who is reckless or too inexperienced or incompetent to use it safely also: a theory or doctrine making one liable for injury caused by a party to whom one negligently entrusted something.

It simply means:

A person gives a dangerous object to one who is not mature enough to handle it.

There are 4 elements of the claim:

• Element 1. The defendant was the owner of a motor vehicle. In a Negligent Entrustment Claim, one key point is that the person being accused (the defendant) owned the vehicle involved in the incident, meaning they had control over it and were responsible for who could use it.
  

  Facts that might support this element look like:

  * The defendant purchased the motor vehicle in question and holds the title in their name.
  * The defendant regularly maintained and insured the vehicle, demonstrating ownership and responsibility.
  * The defendant was the primary driver of the vehicle, using it for personal and business purposes.
  * The vehicle’s registration documents list the defendant as the registered owner.
  * The defendant has made all payments related to the vehicle, including financing and insurance premiums.

• Element 2. The defendant allowed another person to drive the motor vehicle. The defendant let someone else use their car, which can lead to a claim of negligent entrustment if that person causes an accident, showing that the defendant was careless in allowing someone unfit to drive.
  

  Facts that might support this element look like:

  * The defendant handed over the keys to the vehicle without verifying the driver’s qualifications or experience.
  * The defendant was aware that the individual had a history of reckless driving prior to allowing them to operate the vehicle.
  * The defendant did not provide any instructions or restrictions regarding the use of the vehicle to the driver.
  * The defendant observed the individual consuming alcohol before permitting them to drive the vehicle.
  * The defendant failed to take any action to prevent the individual from driving, despite knowing they were unfit to do so.

• Element 3. The person entrusted with the vehicle was an incompetent driver. In a negligent entrustment claim, this element means that the person who was given the vehicle did not have the necessary skills or ability to drive safely, which could lead to accidents or harm to others.
  

  Facts that might support this element look like:

  * The individual had a history of multiple traffic violations, including speeding and reckless driving.
  * The person had never completed a driver’s education course or obtained a valid driver’s license.
  * Witnesses reported that the individual frequently drove under the influence of alcohol.
  * The driver had previously been involved in several accidents due to poor driving judgment.
  * The individual had been warned by friends and family about their unsafe driving habits.

• Element 4. The owner knew or should have known about the driver’s incompetence at the time of entrustment. This means that the vehicle owner was aware, or should have been aware, that the person they allowed to drive their vehicle was not skilled or responsible enough to do so safely, which can make the owner liable for any resulting accidents or damages.
  

  Facts that might support this element look like:

  * The owner had previously observed the driver struggling to operate the vehicle safely during multiple driving occasions.
  * The owner received complaints from other passengers about the driver’s reckless behavior while driving.
  * The owner was aware that the driver had a history of traffic violations and accidents prior to entrusting the vehicle.
  * The owner failed to provide any driving instruction or assessment before allowing the driver to use the vehicle.
  * The owner had been informed by a family member that the driver lacked the necessary skills to drive responsibly.

^{(See Button v. Tim Bills Trucking, Inc., No. 306724 (Mich. Ct. App. Apr. 22, 2014).)}
If you’re in court without a lawyer and plan to assert a Claim of Negligent Entrustment, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your legal journey.

Prove Your MI Negligent Entrustment Claim

U.S. Civil Cases Only