Section 14.9 Direct Liability of Parent

• Library: Family Law Deskbook and 2014 Supp

1. (§14.9) Direct Liability of Parent

Negligent entrustment and negligent supervision are two theories of liability under which a parent may be held directly liable for the acts or omissions of a child. The elements of negligent entrustment are:

(1) that the entrustee is incompetent by reason of age, inexperience, habitual recklessness or otherwise;

(2) that the entrustor knew or had reason to know of the entrustee’s incompetence;

(3) that there was an entrustment of the chattel; and

(4) that the negligence of the entrustor concurred with the conduct of the entrustee as a proximate cause of the harm to plaintiff.

Evans v. Allen Auto Rental & Truck Leasing, Inc., 555 S.W.2d 325, 326 (Mo. banc 1977). While automobiles are the most common object of negligent entrustment, the cause of action is not limited to automobiles, and it is not limited to family members. See, e.g., Tharp v. Monsees, 327 S.W.2d 889 (Mo. banc 1959) (gasoline negligently...