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20 Ark. L. Rev. 101 (1966-1967)
Negligent Entrustment: Evaluation of a Frequently Overlooked Source of Additional Liability

handle is hein.journals/arklr20 and id is 103 raw text is: ARKANSAS LAW REVIEW and BAR ASSOCIATION JOURNAL @ ARKANSAS LAW REVIEW AND BAR ASSOCIATION JOURNAL, INC., 1966 Volume 20 SUMMER, 1966 Number 2 Negligent Entrustment: Evaluation of a Frequently Overlooked Source of Additional Liability Henry Woods* Probably the best statement of what is meant by the term Negligent entrustment appears in the Restatement: One who supplies directly or through a third person a chattel for the use of another whom the supplier knows or has reasons to know to be likely because of his youth, inexperience, or otherwise, to use it in a manner involving unreasonable risk of physical harm to himself and others whom the supplier should expect to share in or be endangered by its use, is subject to liability for physical harm resulting to them.' The term is being used increasingly to describe the growing num- ber of cases wherein D is sued for injuries to P caused by D hav- ing entrusted A with his automobile, knowing A to be a drunken or reckless driver. When A in an intoxicated condition runs down P while the latter is crossing the street in a safety zone, P looks to D for recompense. Many times D is a more responsible, desir- able defendant than A, and as will later be pointed out, an entrust- ment case opens an avenue for the introduction of evidence that is excluded in the ordinary negligence action. The 'cases generally list the following necessary ingredients in an entrustment case: (1) Proof,that the entrustee was incompetent, inexperienced or reckless; (2) that the entrustor knew or had reason to know of the entrustee's condition or proclivities;2 (3) that there was an en- trustment of the chattel;3 (4) that the entrustment created an appre- *Member of the firm of McMath, Leatherman, Woods & Youngdahl, Little Rock, Arkansas. 'RESTATEMENT, TORTS § 390 (1965). 'The new edition of the Restatement has liberalized this element. Section 390 in the 1934 edition used the phrase knows or from facts known to him should know. The present language is more in line with the case law. 'Almost all of the litigation involves entrustment of automobiles and in some instances airplanes.

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