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  5. Negligent Entrustment Liability in Indiana Premises Liability Cases

Negligent Entrustment Liability in Indiana Premises Liability Cases

Parr Richey Frandsen Patterson Kruse LLP | Nov 12, 2019 | Premises Liability |

When an individual suffers an injury at an Indiana business, they should explore all possible avenues of relief against all potentially liable parties. In addition to the person or entity that is directly responsible for their injuries, Indiana injury victims should consider third-parties, who also contributed to the damages they sustained. In some cases, business owners may be accountable under a negligent entrustment theory when an injury results from a dangerous instrumentality.

For example, recently, a state appellate court issued an opinion in a case stemming from injuries a woman suffered at a grocery store. Among other issues, the woman filed a negligent entrustment claim against the grocery store when a customer driving a motorized cart struck her. The woman alleged that the grocery chain provided the cart to customers without any instruction or warnings and assumed that the drivers knew how to operate the cart. The lower trial court found in favor of the woman; however, the appellate court ultimately concluded that the woman did not meet the causation element of a negligent entrustment case. Further, they held that she could not prove that the store should have known that the driver would operate the cart negligently or recklessly.

An individual or entity may be liable under the theory of negligent entrustment when they allow a person to operate a dangerous instrumentality, and that person causes an injury to a third party while using that instrumentality. Often, these cases arise when a person entrusts someone with a vehicle or a firearm. Victims in these cases can prevail based on the idea that the person entrusting the item to the negligent party should have known that the person could harm others with the object based on the negligent party’s inexperience or age.

Indiana accident victims must be able to prove five elements to succeed on a negligent entrustment claim. First, they must establish that the owner entrusted the instrumentality to the person who caused the accident. Then the actual operator must have been incompetent or acted unreasonably or recklessly. Third, the plaintiff must be able to prove that the owner knew or should have known that the operator was unskilled or would act unreasonably or recklessly. Next, the operator must have acted negligently. Finally, the victim must establish their damages are because of the operator’s negligence.

Most negligent entrustment cases hinge on the knowledge of the owner of the dangerous instrumentality. Plaintiffs may face difficulties establishing that the owner possessed actual or constructive knowledge of the user’s previous reckless behavior or inexperience. These cases require plaintiffs to meet high evidentiary standards to prove their negligent entrustment theory.

Have You Suffered Injuries Because of Another’s Negligence?

If you or a loved one suffered injuries or died because of the negligence of another party in Indiana, you should contact Parr Richey Frandsen Patterson Kruse LLP. Our attorneys have a rich history of zealously advocating on behalf of Indiana injury victims. We understand the difficulties that negligent entrustment cases pose, and are prepared to do whatever we can to overcome these challenges. We have expertise in handling various types of personal injury lawsuits, including Indiana premises liability claims, and can help you get the compensation you deserve. Contact our office at 888-532-7766 to schedule your initial consultation with someone on our team.

What should you do after a crash on I-465 or I-70?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | May 27, 2025 | Car Accidents

You're driving I-465 like you've done a hundred times before — fast, focused and trying to get somewhere. Then it happens. A sudden jolt, a loud impact, maybe the screech of tires or the crunch of metal. Everything feels disoriented for a second, but your mind starts...

The rights and duties of bicycle drivers in Indiana

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | May 15, 2025 | Bicycle Accidents

Bicycling is a beloved activity for many in Indiana, offering a means of transportation and a way to enjoy the outdoors. Still, sharing the road with motor vehicles can present significant risks. To safeguard cyclists, Indiana has various laws that address bicycle...

Costs of loss: recovering damages in child wrongful death cases

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Apr 28, 2025 | Wrongful Death

You can lose the ones you love for the most mundane reasons. A seemingly innocent meal purchased at a local grocery store can cost you more than you intended to pay. Late last year, grieving mother Shantria Weddle filed a wrongful death lawsuit. Weddle’s 12-year-old...

Modern twists on the age-old problem of distracted driving

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 31, 2025 | Car Accidents

We all know texting while driving is dangerous. But have you looked around your car lately? Modern vehicles come packed with screens, buttons and alerts that can pull your attention from the road just as quickly as a phone. And outside your windows are plenty of...

What are the most common causes of car accidents in Indianapolis?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 21, 2025 | Car Accidents

Several factors consistently contribute to vehicular accidents in the Indianapolis area. Data shows the following are top causes of accidents in the area: Alcohol: Recent research conducted by Indiana University’s Public Policy institute finds that a top cause of...

What are unique factors of commercial truck accidents?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 21, 2025 | Truck Accidents

When driving on Interstate 465, I-70 or I-65 around Indianapolis, you’ve likely felt dwarfed by massive commercial trucks barreling down the highway. The sheer size disparity between your vehicle and a fully loaded semi creates potentially catastrophic consequences in...

Am I liable for a car accident on a slippery road?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 20, 2025 | Car Accidents

Heavy rain or snow can create hazardous driving situations. Wet roads can cause cars to slide or skid, making it hard to control your vehicle. Icy patches are even more dangerous, as they can be nearly invisible and cause sudden loss of traction. On snowy or rainy...

When Businesses Have a Duty to Protect Their Customers: The Foreseeable Attack

Parr Richey Frandsen Patterson Kruse LLP | Dec 12, 2023 | Premises Liability

On November 29, 2023, the Indiana Court of Appeals published its Opinion in Brummett v. Bailey, 23A-CT-683, slip op. Brummett is the latest case in a string of Indiana Court of Appeals decisions following the Indiana Supreme Court’s Goodwin v. Yeakle’s Sports Bar & Grill, Inc., 62 N.E.3d 384, 389 (Ind. 2016). In these cases, the courts have been grappling…

Thu v. Willis and the Necessity of Expert Medical Testimony

Parr Richey Frandsen Patterson Kruse LLP | Aug 28, 2023 | Car Accidents

On March 13, 2023, in a memorandum decision, the Indiana Court of Appeals affirmed a trial court’s decision for the plaintiff in a negligence complaint despite the defendant-appellant’s argument that the plaintiff failed to provide sufficient evidence that the car accident at issue was the proximate cause of his injuries. In this case, Thu v. Willis,[1] Guy Willis Sr. (“Willis”)…

Erie Insurance Exchange v. Craighead: Protecting the Purpose of Underinsured Motorist Coverage

Parr Richey Frandsen Patterson Kruse LLP | May 22, 2023 | Car Accidents, Insurance, Underinsured Motorist ("UIM") Claims

In a case determined in September 2022, the Indiana Court of Appeals decided an important and common issue for injury victims when dealing with their own insurance in its opinion in Erie Insurance Exchange v. Craighead. Many drivers who are injured as a result of an underinsured motorist turn to their own underinsured motorist coverage and medical payments coverage to…

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Recent Posts

  • What should you do after a crash on I-465 or I-70?
  • The rights and duties of bicycle drivers in Indiana
  • Costs of loss: recovering damages in child wrongful death cases
  • Modern twists on the age-old problem of distracted driving
  • What are the most common causes of car accidents in Indianapolis?

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