Negligent entrustment is a claim that can be made in personal injury claims, wherein a person can be held liable for another’s actions. If one person, the entrustor, allows the second person, the entrustee, to use something or engage in an activity under the entrustor’s control in a way that creates an unreasonable risk of harm, the entrustor may have committed negligence entrustment.
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Hallquist v. Smith, 189 S.W.3d 173, 175–76, (Mo.App. E.D.2006) stipulates four elements to a negligent entrustment claim:
- The entrustee is incompetent because of age, experience, habitual recklessness or otherwise;
- The entrustor knew or had reason to know of the entrustee’s incompetence
- There was entrustment of the “chattel,” or property, such as firearm or motor vehicle
- The plaintiff was injured due to the negligence of the entrustor and the conduct of the entrustee
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Negligent entrustment is common in
car accident claims, where a vehicle owner allows someone who is drunk or who does not know how to drive to operate their vehicle, causing injuries. For example, say “Steve,” is having friends over to watch football. At halftime, he allows his friend, “Mark,” to use Steve’s car to go the store for more alcohol, despite knowing that Mark had been drinking all afternoon. If Mark injures you while driving, you would need to show:
- Mark was too drunk at the time to be able to drive safely
- Steve knew Mark was drunk, either through Mark’s actions or because Steve had witnessed Mark drinking heavily that day
- Steve knowingly gave the keys to Mark and gave him permission to use the vehicle
- Mark’s drunkenness and Steve’s permission caused the accident that caused your injuries
It can also occur in business, if an employer allows an employee to use a tool that the employer knows they do not have sufficient training for.
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Juanita Matthews
Year of 2023
This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!
Shaunda S.
7 months ago
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Emelia M.
3 months ago
Burger Law Firm is fantastic. Laura and Genevieve were so amazing and helpful throughout the entire process. They helped me with my personal injury case every step of the way and succeeded at getting me the results I desired.
Helen L.
a year ago
We had a great experience with Burger Law for representing us after a serious car accident. Truly impressed by how professional and supportive the entire team is. And, many thanks to Genavieve and Laura – you are amazing!
Judy M.
a year ago
They did an amazing job on my case! Communication with them was great!!! Kept me informed and in the loop with everything that was going on!!! Will definitely be the 1st ones I’ll call if ever I’m in another accident!!! Thank you very much!!!
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5 months ago
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2 months ago
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Lisa B.
11 months ago
Gary and Casey took great care of me for 2.5 years as my lawsuit was finally settled. I feel he helped me achieve justice for me and my 4 children after their father died from medical malpractice and neglect. Thanks to Gary, my kids now have a great start to their college and adult lives. Thank you Gary and Casey, for fighting for us so hard at our most trying and difficult time in our lives thus far. Love and God bless from my family to yours!