The Issue of Negligent Entrustment
in Auto Accidents Occurring in the Tampa, Florida Area
Have you ever loaned your car to a friend,
family member, or acquaintance? Many residents of the
Tampa, Florida area have done so without giving it a second
thought.
Before lending out your car to anyone,
however, you should reflect on the possibility that the
borrower could get into a car accident. If you own the
vehicle and the person who borrowed your car is at-fault
in an accident, you are automatically liable for any and
all damages and injuries—as liable as if you were driving
the car yourself. The law uses a term called vicarious
liability to say in effect that you step into the shoes
of the person you loaned your car to. Fortunately, for
you, there are caps on the damages that the injured party
can receive from you as the "vicariously liable" party.
But what if the injured party wants
to receive damages above the cap amount? Or what if you
don't actually own the vehicle that you allow a friend
to use? What if you borrowed the vehicle yourself or the
vehicle is titled in someone else's name? Not only are
you not off the hook here, but in these situations there
are no caps on the damages. The injured party can make
a claim that you "negligently entrusted" the vehicle to
the friend who caused the injuries.
The injured person would have to prove
that you had some reason to know that giving your friend
access to the vehicle was an unreasonably dangerous decision
and that you failed to use reasonable care when you entrusted
the vehicle to them. Whether or not you were negligent
in entrusting the vehicle to your friend turns on specific
details of the situation and can often be a question that
has to be left to a jury to decide.
So whether your friend has a perfect
driving record in Tampa or has a history of reckless driving
in Clearwater, if you let someone else drive your car,
you can be on the hook. It's that simple.
Similarly, if you have been injured
in an accident in the Tampa, Florida area and you believe
the at-fault driver was operating a borrowed vehicle,
you may be able to file a lawsuit against the car owner
for your injuries and losses. In order to file a lawsuit
of this nature, you should consult with a Tampa
car accident lawyer who is experienced in negligent
entrustment cases.
When you need the voice of experience
in any Tampa, Florida car accident injury case, including
cases involving negligent entrustment, please call or
e-mail Tampa auto accidents attorney Dale Appell, P.A.
for a free, no-obligation review.
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