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Welcome to Vegas Lawyer. This site is for people who were hurt in Nevada. Contact us for a free consultation. You may want to read the Nevada Personal Injury Law Introduction on our home page. Also, you can get an overview of the different types of claims such as Wrongful Death, Auto Accidents, Premises Liability, and Products Liability before you explore the Article below if you reached our site through this page.

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  • Negligence Explained In Easy Terms
  • Comparative Negligence In An Auto Accident
  • Auto Insurance Answers
  • Informed Consent In Behavioral Treatment
  • Staged Auto Accident Fraud
  • Negligent Entrustment Theory


  • Negligent Entrustment Theory

    The theory of negligent entrustment has been described as follows:

    It is negligence to permit a third person to use a thing or to engage in an activity which is under the control of the actor, if the actor knows or should know that such person intends or is likely to use the thing or to conduct himself in the activity in such a manner as to create an unreasonable risk of harm to others.

    Restatement (Second) of Torts § 308 (1965).

    “The key elements [of a negligent entrustment claim] are

    (1) whether an entrustment actually occurred, and
    (2) whether the entrustment was negligent.”

    Zugel v. Miller, 100 Nev. 525, 528, 688 P.2d 310, 313 (1984)

    To establish implied entrustment or consent, there must be a "showing of [a] course of conduct or practice known to the owner and acquiesced in by him that would lead to an implication of permission for a particular venture." Western Casualty & Surety Co. v. Anderson, 273 NW2d 203, 205 (SD 1979).

    An Automobile can become a dangerous instrumentality in the hands of an inexperienced driver:

    Although an automobile is not a dangerous instrumentality per se, it may become one if it is operated by someone who is incompetent, inexperienced or reckless.

    Eyrich v. Estate of Waldemar, 327 Ill. App. 3d 1095, 1098 (2002).

    The Nevada Supreme Court stated that the probability of danger is the key focus in Powell v. Nevada, C. & O. Ry., 28 Nev. 40, 78 P. 978 (1904):

    Sound reason irresistibly leads the mind to the conclusion that the degree of care and caution which should be exacted from the operators of dangerous instrumentalities should largely be measured by the probability of danger.

    *** Any law, statute, regulation or other precedent is subject to change at any time ***

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    DEMPSEY, ROBERTS & SMITH, LTD.
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