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
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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