Chapter 28 - § 28.1 • INTRODUCTION

• Jurisdiction: Colorado

§ 28.1 • INTRODUCTION

The tort of negligent entrustment is based upon the principle that a person should not entrust a dangerous instrumentality to an unfit individual who may use it in a manner involving an unreasonable risk of harm to that individual or others. The "crux of the negligence is the knowledge of the entrustor of the youth, inexperience, known propensity for reckless and irresponsible behavior, or other quality of the entrustee, indicating the possibility that the entrustee will cause injury."¹ If the supplier of a dangerous instrumentality permits its use by a person that the supplier knows, or has reason to know, is unfit to have control over it, the supplier will be held accountable for all causally related injuries to others.

The tort of negligent entrustment can serve to protect those persons injured by minors, intoxicated persons, or other individuals who are unfit to use or operate a dangerous instrumentality. Practitioners whose clients are injured by such unfit persons should consider pursuing a negligent entrustment claim.

Practice Pointer
Practitioners should be aware of the risk that alleging a negligent entrustment claim in a personal injury case, particularly one involving the negligent use and operation of an automobile, may result in a loss of potentially available liability insurance if the insurance policy contains an exclusion that eliminates coverage for such a claim.²

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Notes:

^[1] J. Lee &amp...