Personal Injuries That Can Occur From Negligence

This article shares some great advice from accident attorney Phoenix, Aaron Crane from Cantor Crane with respect to injuries caused by the negligence of another.  If you have been injured as a result of the negligent actions of another person, you may be able to file a lawsuit against more than one person. Negligent entrustment gives damages to the injured party when a dangerous device has been placed in the hands of another person. In these claims, both the person who gave the device to the perpetrator and the perpetrator are held responsible.

Negligent Entrustment

Negligent entrustment is viewed as a tort in certain jurisdictions, which makes it possible to recover damages through a civil lawsuit. Civil lawsuits are often more advantageous to the plaintiff since the burden of proof is lower than in a criminal case. Negligent entrustment involves one individual who is held liable due to another person’s negligence. In these cases, the second party played a significant role in causing injury to the third party or plaintiff.

Types of Negligent Entrustment Claims

Negligent entrustment claims primarily involve two different scenarios. In the first scenario, one person is entrusted with a vehicle or firearm and the person who provided the device should have foreseen that it would be used to cause harm. This may be based on the grounds that the borrower was underage or inexperienced.

Motor Vehicle Negligent Entrustment Claims

When it comes to recovering negligent entrustment theory, you must prove four elements. The first element is that the owner of the vehicle was actually entrusted to the user. The second is that the user was not competent. The third is that the owner of the weapon or vehicle should have known that the borrower was not competent and that the driver was negligent in his or her operation of the device. The final element you must prove is that the driver’s negligence was responsible for your damages.

Knowledge Element

The knowledge element of a negligent entrustment case relies on the idea that the entrustor was aware of the potential consequences of lending the device. This may be actual knowledge, based on past experience, or it may involve common knowledge that any person of a sound mind should possess. You may have to prove that providing a vehicle to a driver who was not old enough to drive was a negligent action since it is common knowledge that underage drivers should not be on the road. The driver’s incompetence does not have to be immediately apparent to the entrustor. It is only necessary to show that the owner of the device had a reasonable amount of knowledge to determine that lending the device was unsafe.

Employment Contexts 

Plaintiffs may utilize the tort of negligent entrustment in an employment context to recover damages from an employer who entrusted an employee with a dangerous device. The employer may be responsible for damages if the employee had a known record of reckless conduct. The employer could easily have determined this history with a reasonable amount of searching. If you were injured in a taxi accident, for example, the taxi company had a responsibility to hire a safe driver. You may be eligible for damages if it is determined that the driver had a history of reckless driving that could have easily been uncovered through a background check.


The Federal Rules of Evidence typically require evidence of an individual’s character. This evidence is used to show that the individual acted in conformity with his or her character during the act in question. These guidelines do not require character evidence in negligent entrustment cases since character is an essential element of any entrustment case.

Working with a lawyer may help you when it comes to building a strong case for compensation. From medical expenses to pain and suffering, there are a variety of damages you can recover through a civil lawsuit. The law regarding negligent entrustment is often complicated since it involves more than one party, but having the right legal representation can help you move forward.   Contact Phoenix Injury Lawyer Cantor Crane today at (602) 254-2701 for free initial consultation.

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About the Author

Benjamin G. Kelsen Esq. provides efficient legal representation for Criminal Defense & DWI Defense Cases in Hackensack, Garfield & Teaneck.

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