Chapter 28 - § 28.7 • NEGLIGENT ENTRUSTMENT CLAIMS VERSUS NEGLIGENT SUPERVISION CLAIMS

• Jurisdiction: Colorado

§ 28.7 • NEGLIGENT ENTRUSTMENT CLAIMS VERSUS NEGLIGENT SUPERVISION CLAIMS

Colorado recognizes the tort of negligent supervision, by either parents⁶⁵ or employers.⁶⁶ Liability for negligent supervision is based on the supervisor's negligent failure to adequately monitor and control the actions of the supervisee.⁶⁷ This tort is distinguishable from the tort of negligent entrustment, which, as set forth above, imposes liability based upon the entrustment of a potentially dangerous instrumentality to an unfit person.⁶⁸ Casebolt effectively created the contrast in Colorado between the two torts, by eliminating from the negligent entrustment claim a requirement that plaintiff prove the entrustor had the ability to control the instrumentality or the entrustee at the time of the entrustee's negligence. By contrast, a claim of negligent supervision is based on the supervisor's ability to monitor and control the actions of the supervisee.⁶⁹ Nonetheless, in the context of the parent-child relationship the claims are virtually indistinguishable.⁷⁰ But when a plaintiff brings either or both of these claims against a parent for injuries caused by the tortious acts of the parent's child, the plaintiff must prove all elements of the asserted claim(s); liability may not be imposed "merely because of [the parent-child] relationship."⁷¹

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Notes:

^[65] Mitchell v. Allstate Ins. Co., 534 P.2d 1235 (Colo. App. 1975) (citing Restatement (Second) of Torts § 316 (1965)).

^[66] See Destefano v. Grabrian, 763 P.2d 275, 287 (Colo. 1988) (citing Restatement (Second) of Agency § 213 (1958)).

^[67] See Restatement (Second) of Torts § 316 (1965)) ("A parent is under a duty to exercise reasonable care to control his minor child so as to prevent [the child] from intentionally harming others or from so conducting [himself or herself] as to create an unreasonable risk of bodily harm. . . ."); Restatement (Second) of Agency § 213 (1958) ("A person conducting an activity through servants or other agents is subject to liability for harm resulting from his conduct if he is negligent or reckless . . . in the supervision of the activity").

^[68] See Douglass, 602 F.2d at 936-37 ("There is a logical distinction between negligent entrustment, which may apply to any person entrusting a potentially dangerous instrumentality to a third person, and the duty of parents to control and supervise their children.").

^[69] Thus, where there is no employer-employee relationship between the alleged supervisor and...