Is a Parent Liable for an Adult Child's Accident When Driving the Parent's Car?
Full Question:
Answer:
Legal theories that may be used in these cases include:
Negligent entrustment. If a person lends the a car to someone knowing the driver is incompetent, reckless, or inexperienced, the car owner may be liable for damage caused by the other person's driving. A party injured by such a driver must generally prove five components of this tort: (1) that the owner entrusted the vehicle to the driver; (2) that the driver was unlicensed, incompetent, or reckless; (3) that the owner knew or should have known that the driver was unlicensed, incompetent, or reckless; (4) that the driver was negligent in the operation of the vehicle; and (5) that the driver's negligence resulted in damages
The family purpose doctrine. Some states adopt the "family purpose" doctrine. In those states, when someone purchases and maintains a car for general family use, the owner of that vehicle (generally, dad or mom) is liable for negligent driving by any family member using the car. Generally, the owner will only be liable if the automobile involved in the accident was purchased and used as the family car, if the driver lived in the family home, and if the owner consented to the driver's use of the family car. The family purpose doctrine has not been adopted in Louisiana.