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1 S. Tex. L.J. 1 (1954-1955)
Liability for Negligent Entrustment of a Motor Vehicle

handle is hein.journals/stexlr1 and id is 13 raw text is: South Texas Law Journal VOLUME I APRIL 1954 NUMBER I LIABILITY FOR NEGLIGENT ENTRUSTMENT OF A MOTOR VEHICLE FRANK J. KNAPP* Accidents arising from the operation of automobiles in this motor age have been productive of a high percentage of the contested litiga- tion which is on the docket of our trial courts. For the most part the principles of substantive law applicable to the average automobile negligence case have been well defined and are understood by the reasonably experienced practitioner. In most suits to recover damages recovery is sought either directly from the operator of the vehicle on grounds of alleged negligence on his part or from the employer of such operator who- is sought to be held liable for the operator's acts on familiar principles of agency. Frequently, however, the situation exists where the driver of the vehicle is not the owner, and the facts do not support any contention that such driver was engaged in the course of any agency or employment relationship in behalf of the owner of such vehicle. At the same time counsel for the injured party feels it neces- sary or at least desirable, if possible, to be able to allege and establish a cause of action against the owner of the vehicle. It is in this type of fact situation that we find an increasing number of suits being filed in which liability is being asserted against the owner of the vehicle on the theory that he negligently entrusted the vehicle to the driver and should therefore be held liable for the latter's negligent acts even though the operator of the vehicle was engaged in a strictly personal mission at the time of the accident. This article will review briefly the decisions on this subject of negligent entrustment as it has been applied to automobile negligence litigation in Texas. *B.A. and LL.B., University of Texas; partner, Butler, Binion, Rice & Cook, Houston; member Houston and Texas and American Bar Associations, Interna- tional Association of Insurance Counsel, Federation of Insurance Counsel, and American College of Trial Lawyers.

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