With the advent of electric vehicles, specifically electronic bicycles and monowheels, the question may arise: If someone is hurt due to a crash with an E-Bike or Monocycle, can they hold the owner responsible or just the operator?
Instruction No. 7.010 Negligent Entrustment. The plaintiff contends that the defendant is liable because he permitted his vehicle to be used
by an unfit driver whose negligence, as a result of the unfitness, caused the accident. An unfit
driver is a person who, because of his age [inexperience; physical condition; mental condition;
drug/alcohol impairment], is likely to use a motor vehicle in a manner involving unreasonable risk of harm to others. Plaintiff must prove by the greater weight of the evidence that:
- (1) defendant expressly or impliedly permitted (rider) to drive his vehicle; and
- (2) (rider) was an unfit driver; and
- (3) defendant knew, or should have known, that (rider) was an unfit driver; and
- (4) (rider) was negligent as a result of the unfitness; and
- (5) (rider)’s negligence was a proximate cause of plaintiff’s injuries.
Permission is express when it is given directly. Permission is implied when it is gathered from the circumstances, general language, or conduct of the parties.
Doug Landau says that in the past, in order to be successful with an entrustment case, you generally had to show that the owner of the vehicle knew, or should’ve known, of the dangerous propensity to the person that they gave the keys to.