Texas Negligent Entrustment Law Update

Parents, who were Unaware of their 13-year-old Daughter’s Alleged Recklessness and Incompetence Behind the Wheel of a Boat, Cannot be Liable for Negligent Entrustment

Newkumet v. Allen, 2007 WL 2128315 (Tex.App.-Eastland Jul 26, 2007)

In this case, the Plaintiffs alleged that Risty’s parents were “negligent by entrusting a powerful and dangerous jet boat to Risty, a thirteen-year-old incompetent and reckless driver, when they knew or should have known of her incompetence and recklessness”. Disagreeing, the Eastland Court of Appeals concluded that–even if the daughter is an incompetent and reckless boat operator–negligent entrustment cannot lie against the parents without evidence that the parents knew or should have known of their daughter's incompetence or recklessness.

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