§ 4.1.1 OVERVIEW

JurisdictionArizona

§ 4.1.1 Overview

Under the doctrine of negligent entrustment, it is negligent to permit a third person to use a motor vehicle owned or otherwise under the control of the actor, if the actor knows or should know that the entrusted driver is incompetent to drive safely because of a physical or mental condition. Acuna v. Kroack, 212 Ariz. 104, 109, 128 P.3d 221, 226 (App. 2006) citing to Powell v. Langford, 58 Ariz. 281, 285, 199 P.2d 230,232 (1941); see also Restatement (Second) of Torts, §§ 307, 308, 390 (1965). Negligent entrustment also applies to cases in which the actor knows or should know that the entrusted person may misuse the vehicle to create an unreasonable risk of harm to others. See Restatement (Second) of...

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