Legal Definitions - negligent entrustment

Negligent entrustment is a legal concept that holds someone responsible for harm caused by an item they provided to another person, when they knew or should have known that the recipient was likely to use that item in a dangerous or irresponsible way.

Essentially, it means that if you give something potentially harmful to someone you know (or reasonably should know) is prone to misusing it, and that misuse then causes injury to another person, you could be held liable for the resulting harm.

• Example 1: Construction Equipment

  A construction company owner provides a powerful, commercial-grade excavator to an employee who has a documented history of failing to follow safety procedures, has received multiple warnings for reckless operation of machinery, and has even been involved in minor accidents due to carelessness. The employee then operates the excavator negligently, causing significant damage to nearby property and injuring a bystander.

  This demonstrates negligent entrustment because the company owner knew, or certainly should have known given the employee's record, that entrusting a dangerous piece of equipment like an excavator to this particular individual created a high risk of harm. By doing so, the owner could be held liable for the injuries and damages that resulted from the employee's foreseeable misuse.

• Example 2: Aggressive Pet

  A dog owner, fully aware that their large dog has a history of aggression towards strangers and has bitten people in the past, asks a new, inexperienced dog sitter to take the dog for a walk in a busy public park. The owner fails to provide adequate warnings about the dog's temperament or specific instructions on how to manage its aggression in public. While on the walk, the dog bites another park-goer.

  This scenario illustrates negligent entrustment because the owner knew about the dog's dangerous propensities but entrusted it to someone who was not adequately prepared or informed to handle such risks in a public setting. If the dog then causes harm while under the sitter's care, the owner could be held responsible for negligently entrusting a known dangerous animal.