Re: Motorcycle fatality
In some courts, yes,the "NEGLIGENT ENTRUSTMENT" legal doctrine could be applied to hold the "friend" responsible. The "NEGLIGENT ENTRUSTMENT" theory will be explained in greater detail below.
(Note however that although I am licensed as a lawyer in New York,
I am NOT licensed to practice in Arkansas, and I cannot state to what extent Arkansas courts hold defendants liable for NEGLIGENT ENTRUSTMENT.)
GENERALLY: the lender of a vehicle is NOT liable for the negligence of the borrower of the vehicle. However, there are exceptions, including the NEGLIGENT ENTRUSTMENT doctrine, which holds the lender of the vehicle responsible, i.e., liable if the lender either knew or should have known that the borrower was mentally or physically unfit to drive, e.g., because the "friend" in this case either knew or should have known that your son was under the influence of alcohol when he borrowed the motorcycle.
Therefore: The "friend" could be found to be responsible, i.e., held liable in a personal injury lawsuit based on a "NEGLIGENT ENTRUSTMENT" legal theory argument, i.e., if the "friend" had lent his motorcycle to your son for your son to drive, even though it can be established that the "friend" knew or should have known that your son was under the influence of alcohol and therefore wsa in no condition to drive .
You may call my office and leave me a message or send me an e-mail for further information. My telephone number and e-mail information are each listed and available by using this LAWGURU website's ATTORNEY PROFILE link for my office.
