How To Prove A Tennessee Negligent Entrustment Claim

 

 

In Tennessee, 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:

Turning over a dangerous object to one who is not mature enough to handle it.

There are 4 elements of the claim:

• Element 1. The defendant entrusted a chattel to another. The defendant gave possession of a personal item, like a car or tool, to someone else, which is a key part of proving that they were careless in allowing that person to use it.
  

  Facts that might support this element look like:

  * The defendant loaned their vehicle to the plaintiff for a weekend trip, providing the keys and necessary documents.
  * The defendant was aware that the plaintiff had a history of reckless driving prior to entrusting the vehicle.
  * The defendant did not verify the plaintiff’s current driving status or insurance coverage before allowing the use of the vehicle.
  * The defendant explicitly instructed the plaintiff to drive the vehicle despite knowing the plaintiff had been drinking.
  * The defendant had previously allowed the plaintiff to use the vehicle on multiple occasions without any restrictions.

• Element 2. The recipient of the chattel was incompetent to use it. In a negligent entrustment claim, this element means that the person who received an item, like a car or tool, was not capable of using it safely or responsibly, which could lead to accidents or harm.
  

  Facts that might support this element look like:

  * The recipient had a documented history of substance abuse, which impaired their ability to operate the chattel safely.
  * The recipient had previously been involved in multiple accidents while using similar chattels, indicating a pattern of reckless behavior.
  * The recipient had a mental health diagnosis that affected their judgment and decision-making skills, making them unfit to use the chattel.
  * The recipient had never received proper training or instruction on how to use the chattel, demonstrating a lack of competence.
  * The recipient was under the legal age required to operate the chattel, highlighting their incompetence in handling it responsibly.

• Element 3. The defendant knew the recipient was incompetent. In a negligent entrustment claim, this element means that the person who lent something, like a car, was aware that the person using it was not capable or qualified to handle it safely, which could lead to accidents or harm.
  

  Facts that might support this element look like:

  * The defendant had previously witnessed the recipient struggle to operate similar equipment safely.
  * The defendant was informed by others that the recipient had a history of accidents while using the equipment.
  * The defendant had observed the recipient’s erratic behavior and poor judgment in high-pressure situations.
  * The defendant had a close relationship with the recipient and was aware of their mental health issues.
  * The defendant had been warned multiple times about the recipient’s lack of competence in handling the equipment.

• Element 4. The entrustment proximately caused injury or damage to another. The injury or damage must directly result from someone being given access to a dangerous item, like a car or a firearm, which they then misuse, showing that the person who entrusted it acted carelessly in allowing that access.
  

  Facts that might support this element look like:

  * The vehicle was entrusted to an individual known to have a history of reckless driving and substance abuse.
  * The individual was involved in a serious accident shortly after being given access to the vehicle.
  * Witnesses reported that the individual was driving at excessive speeds and swerving before the collision occurred.
  * The owner of the vehicle failed to verify the individual’s driving record prior to entrusting the vehicle.
  * The accident resulted in significant injuries to a third party, directly linked to the individual’s operation of the entrusted vehicle.

^{(See Harper v. Churn, 83 SW 3d 142 – Tenn: Court of Appeals 2001.)}
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 TN Negligent Entrustment Claim

U.S. Civil Cases Only