Chapter 28 - § 28.2 • RESTATEMENT (SECOND) OF TORTS

• Jurisdiction: Colorado

§ 28.2 • RESTATEMENT (SECOND) OF TORTS

The elements of a claim of negligent entrustment are set forth in sections 308 and 390 of the Restatement (Second) of Torts (1965) (hereinafter Restatement), as follows:

Section 308
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.

Section 390
One who supplies directly or through a third person a chattel for the use of another whom the

...