How To Prove A Texas Negligent Entrustment Claim
In Texas, 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 5 elements of the claim:
- Element 1. The defendant was the owner of or in control of a vehicle or other dangerous object. In a Negligent Entrustment Claim, this means that the person being accused either owned or had control over a vehicle or something else that could cause harm, which is important to show they had responsibility for it when an accident happened.
Facts that might support this element look like:
* The defendant purchased the vehicle in question and maintained its registration and insurance.
* The defendant was the only person with a key to the vehicle and had exclusive access to it.
* The defendant regularly used the vehicle for personal errands and allowed friends to borrow it.
* The defendant had the vehicle serviced and repaired at a local shop, indicating control over its maintenance.
* The defendant was present at the scene when the vehicle was involved in the incident, demonstrating ownership and control. - Element 2. The defendant entrusted the vehicle or other dangerous object to an unlicensed, incompetent, or reckless driver. The defendant allowed someone who was unlicensed, inexperienced, or careless to use their vehicle or dangerous item, which can lead to accidents or harm, making them potentially responsible for any resulting damages.
Facts that might support this element look like:
* The defendant allowed an individual without a valid driver’s license to operate their vehicle, despite knowing the individual had a history of reckless driving.
* The defendant was aware that the driver had previously been involved in multiple accidents due to their negligent behavior behind the wheel.
* The defendant failed to verify the driver’s competency or driving history before entrusting them with the vehicle.
* The defendant had received complaints from others about the driver’s erratic driving habits prior to the incident.
* The defendant knowingly permitted the driver to use the vehicle for a long-distance trip, despite the driver’s lack of experience and training. - Element 3. The owner knew or should have known that the driver was unlicensed, incompetent, or reckless. This means that the vehicle owner was aware, or should have been aware, that the person they let drive was either not legally allowed to drive, lacked the necessary skills, or was likely to drive dangerously, which can make the owner responsible for any resulting accidents.
Facts that might support this element look like:
* The owner had previously observed the driver operating a vehicle erratically and received complaints from neighbors about the driver’s reckless behavior.
* The owner was aware that the driver had failed multiple driving tests and had been denied a license due to safety concerns.
* The owner had been informed by friends and family that the driver lacked the necessary skills to operate a vehicle safely.
* The owner had allowed the driver to use their vehicle on several occasions despite knowing the driver had a history of traffic violations.
* The owner had access to the driver’s driving record, which indicated a pattern of unsafe driving and unlicensed operation. - Element 4. The driver was negligent on the occasion in question. The driver acted carelessly or irresponsibly while using the vehicle, which means they didn’t take the proper precautions or follow the rules, leading to an accident or harm that could have been avoided.
Facts that might support this element look like:
* The driver was observed speeding significantly over the posted limit just before the incident occurred.
* Witnesses reported that the driver was texting on their phone at the time of the accident.
* The driver had a history of reckless driving incidents documented in their driving record.
* The driver failed to yield the right of way at a stop sign, leading to the collision.
* The driver was under the influence of alcohol, as confirmed by a breathalyzer test conducted at the scene. - Element 5. The driver’s negligence proximately caused an accident. The driver’s carelessness directly led to the accident, meaning their actions were a key reason why the crash happened, which is an important part of proving that someone else is responsible for allowing that driver to use their vehicle.
Facts that might support this element look like:
* The driver was observed speeding and weaving in and out of traffic moments before the accident occurred.
* Witnesses reported that the driver was using their phone and appeared distracted just prior to the collision.
* The driver had a history of reckless driving incidents, which the vehicle owner was aware of before the accident.
* The driver failed to obey a stop sign, leading directly to the crash with another vehicle.
* The driver was under the influence of alcohol at the time of the accident, impairing their ability to operate the vehicle safely.
(See Montgomery Ward and Co. v. Marvin Riggs Co., 584 SW 2d 863 – Tex: Court of Civil Appeals, 3rd Dist. 1979.)
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 TX Negligent Entrustment Claim
U.S. Civil Cases Only