If you were injured in a car accident in Georgia, and the driver who caused the crash was not the owner of the vehicle, your case may involve more than just a claim against the driver. Georgia law allows certain injury victims to hold the vehicle owner legally responsible through a claim for negligent entrustment. This applies when a person provides a vehicle to a driver who is known to be unsafe or unfit to operate it.
Negligent entrustment is not applicable in every case where someone is injured by a non-owner driver. However, when certain facts are present—such as known prior unsafe driving behavior or a revoked license—it may serve as an important path to recovery for the injured party. This article explains how negligent entrustment works in Georgia, what you generally need to prove, and why identifying all responsible parties is essential.
What Is Negligent Entrustment Under Georgia Law?
Negligent entrustment is a legal theory under Georgia law that holds a vehicle owner responsible for injuries caused by another person if the owner allowed that person to drive knowing they were likely to operate the vehicle in an unsafe or dangerous way. The vehicle itself is considered dangerous, and Georgia law recognizes that allowing someone unfit to drive to use a vehicle can result in foreseeable harm to others on the road.
While negligent entrustment is based on common law principles of negligence, it is also supported by statutory law. Under O.C.G.A. § 40-5-122, it is illegal in Georgia to knowingly permit another person to drive a motor vehicle if that person does not have a valid driver’s license for the type of vehicle being operated. This statute serves as an important part of the legal foundation for negligent entrustment claims involving unlicensed drivers.
Legal Elements You Must Prove
To succeed on a negligent entrustment claim in Georgia, you must prove four essential elements:
- Ownership or Control: The defendant either owned the vehicle or had the right to control it at the time of the crash.
- Driver’s Incompetence or Unfitness: The person who was given control of the vehicle was incompetent, unlicensed, or otherwise unfit to drive safely. This could be due to intoxication, a revoked or suspended license, lack of driving experience, a medical condition that impairs driving, or a documented history of reckless behavior behind the wheel.
- Knowledge of Incompetence: The vehicle owner had actual knowledge that the driver was unfit, or they should have known this through reasonable care. This can be shown through prior incidents, public records, or clear warning signs known to the owner.
- Causation: The car crash and resulting injuries must have been caused by the driver’s unfitness.
The burden of proof lies with the injured party. Simply showing that the driver was at fault is not enough. There must be a direct connection between the owner’s decision to entrust the vehicle and the injuries that occurred.
Constructive Knowledge and Red Flags
In many cases, the vehicle owner may claim they did not know the driver was unfit. However, Georgia law does not require that the owner have firsthand knowledge of the driver’s history. If the facts show that the owner should have known the driver posed a risk—for example, if they lived together and the owner was aware of recent reckless behavior—then constructive knowledge may be enough to establish liability.
Examples of situations where the owner may be held liable include:
- Loaning a vehicle to someone known to drink and drive
- Allowing a driver with a suspended license to use the car
- Providing a vehicle to someone with no valid license, in violation of O.C.G.A. § 40-5-122
- Entrusting a vehicle to someone who has had multiple at-fault accidents or tickets
- Permitting use of a vehicle by someone with a medical condition that impairs their ability to drive safely
No Liability Without Permission
A key defense in negligent entrustment cases is lack of permission. If the driver took the vehicle without the owner’s consent, and there is no evidence that the owner had knowledge or gave prior approval, then the owner is generally not liable under negligent entrustment in Georgia. Past use of a vehicle by the driver is not enough on its own; permission must be established at the time of the incident.
If a parent has a rule that a teenager must ask for permission before driving and the child takes the vehicle without asking, the parent may not be liable—particularly if they were unaware that the child had taken the car. The key question is whether permission was given, either expressly or impliedly, at the time of the crash.
Commercial Vehicles and Employer Liability
Negligent entrustment also applies to businesses and employers. If a company allows an employee to use a company vehicle despite knowing the employee is unsafe, untrained, or unlicensed, the company can be held liable. This is often seen in commercial vehicle crashes, including trucking accidents. Employers have a duty to properly screen and monitor employees who are entrusted with operating vehicles on behalf of the business.
Also, O.C.G.A. § 51-2-2 says that a person or business can be held responsible for someone else’s negligence if there’s a legal relationship—this is called imputable negligence. For example, if an employer allows an unfit employee to drive a company vehicle and that employee causes a crash, the employer may be liable.
How Negligent Entrustment Relates to Family Purpose Doctrine
In Georgia, negligent entrustment is distinct from another legal concept called the family purpose doctrine. While both can result in liability for a vehicle owner, the legal standards are different.
Under the family purpose doctrine, a vehicle owner can be held liable when a member of the immediate household causes an accident while using the vehicle for a family-related reason and with the owner’s permission or acquiescence. This doctrine is based on the relationship between the owner and the driver and is a form of vicarious liability.
Negligent entrustment, on the other hand, does not require a family relationship. It focuses on the owner’s independent act of entrusting the vehicle to an unfit driver, regardless of whether the driver is a family member or not.
Boat Crash Cases
Under Georgia Code § 51-1-22, a boat owner can be held legally responsible for a crash if the vessel was operated negligently and with the owner’s permission—either express or implied. If a close family member (like a child or sibling) was operating the boat at the time, the law assumes the owner consented. So, if you were injured and the boating crash was caused by poor operation, and the driver had the owner’s consent, the owner may be liable.
Statute of Limitations
Under O.C.G.A. § 9-3-33, the deadline to file a personal injury claim in Georgia is two years from the date of the accident. This includes negligent entrustment claims. Waiting too long to pursue the case may result in the claim being barred entirely, so it is important to begin investigating all liable parties as soon as possible.
Atlanta Negligent Entrustment Lawyer
When a serious crash occurs, identifying everyone who contributed to the harm is essential. If the at-fault driver was unfit to drive and someone else made the decision to allow them behind the wheel, negligent entrustment may apply. This type of claim can help you hold the vehicle owner accountable and may provide additional resources to help you recover.
To speak with a negligent entrustment attorney about your case, get in touch with Butler Kahn by calling (678) 940-1444 or reaching us online for a free consultation. Our Atlanta car accident lawyers will evaluate the facts and help you understand your legal rights and options.
