§ 28-12 Motor Vehicles - Negligent Entrustment of Vehicle to Intoxicated Driver - First Party Cause of Action

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 28-12 Motor Vehicles - Negligent Entrustment of Vehicle to Intoxicated Driver - First Party Cause of Action

The owner or one in control of a vehicle and responsible for its use who is negligent in entrusting it to another can be held liable for such negligent entrustment. The theory of negligent entrustment is based on the negligence of the entrustor.

An injured, intoxicated driver of a vehicle can pursue the owner of the automobile for negligent entrustment. An entrustee may bring a first party cause of action for negligent entrustment against the entrustor of the vehicle or other chattel. To establish liability on the part of the defendant for negligent entrustment of a vehicle to an intoxicated individual, the plaintiff must prove:

(1) Knowledge of or knowledge imputable to the owner that the driver was

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