Latest / BSPE Legal Marketing Podcast / What Is Negligent Entrustment in Pennsylvania? - Luxenberg Garbett Kelly & George P.C.

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What Is Negligent Entrustment in Pennsylvania? - Luxenberg Garbett Kelly & George P.C. · BSPE Legal Marketing Podcast

• 0:00
  SPEAKER_00: What is negligent entrustment in Pennsylvania?
• 0:03
  SPEAKER_00: A car owner can be held legally responsible for a crash even when they were never behind the wheel.
• 0:08
  SPEAKER_00: And understanding why starts with negligent entrustment.
• 0:11
  SPEAKER_00: In Pennsylvania, negligent entrustment applies when someone allows another person to use a vehicle despite knowing or having reason to know that the driver could create an unreasonable risk of harm to others.
• 0:24
  SPEAKER_00: This isn't about who was driving at the moment of impact.
• 0:27
  SPEAKER_00: It's about the owner's decision to hand over the keys in the first place.
• 0:30
  SPEAKER_00: Common circumstances that raise negligent entrustment questions include known intoxication, a history of reckless driving, serious traffic violations, an unlicensed driver, or a medical condition that affects someone's ability to drive safely.
• 0:45
  SPEAKER_00: Because the focus is on the owner's own conduct and knowledge, negligent entrustment is treated as direct liability rather than vicarious liability, meaning the owner's fault must be independently established.
• 0:58
  SPEAKER_00: To succeed on a negligent entrustment claim in Pennsylvania, an injured person must prove three connected things.
• 1:05
  SPEAKER_00: The driver posed an unreasonable risk, the owner knew or should have known about that risk, and the driver's negligent operation of the vehicle actually caused the injury.
• 1:14
  SPEAKER_00: Evidence of the owner's knowledge is absolutely critical.
• 1:17
  SPEAKER_00: A driver's poor history alone is not enough if there's no proof that the owner was aware of that history when they permitted the person to drive.
• 1:24
  SPEAKER_00: Pennsylvania follows section 308 of the restatement second of torts, which means the injured person must show that the defendant controlled the vehicle and made a conscious decision to entrust it to someone they knew or should have known was unsafe.
• 1:38
  SPEAKER_00: Useful evidence in these cases can include text messages, insurance records, prior police reports, driving history, and testimony from household members who observed the driver's habits over time.
• 1:50
  SPEAKER_00: It's also worth understanding what negligent entrustment does not cover.
• 1:54
  SPEAKER_00: If an unlicensed driver was rear-ended by a third party, the lack of a license does not establish that the unsafe entrustment caused the collision.
• 2:02
  SPEAKER_00: Each element must be carefully connected, the owner's decision, what they knew, and how the driver's negligence directly produced the harm you suffered.
• 2:11
  SPEAKER_00: At Luxembourg, Garbitt, Kelly, and George P.
• 2:14
  SPEAKER_00: C., Attorney Lawrence the 1000th, Kelly and Attorney Joseph A.
• 2:18
  SPEAKER_00: George represent people injured in crashes, where both the driver and the vehicle owner may share responsibility for what happened.
• 2:24
  SPEAKER_00: Their legal team examines the circumstances surrounding the vehicle's use, the owner's relationship with the driver, and the evidence needed to build a strong liability case on your behalf.
• 2:34
  SPEAKER_00: If you were hurt by someone driving another person's vehicle, contact Luxenberg Garbett Kelly and George PC.
• 2:40
  SPEAKER_00: Located at 315 North Mercer Street, Newcastle, Pennsylvania 16101, United States, by calling 724 658 8535 to schedule your consultation and find out whether the vehicle owner may also be responsible for your injuries.