Liability for Deadly Weapons

Every time your sports or recreation organization gives someone the keys to a motor vehicle, you are essentially lending a deadly weapon. Just open any newspaper and the proof is there. Motor vehicles are hitting and killing people even more than guns. Pair a young, old, drunk, buzzed, high, cell-phone talking, texting, eating, distracted or depressed driver with a motor vehicle and hope that everyone in the car and all that come close survive. If you gave the driver permission to drive your car and someone is injured or killed because of that driver’s negligence, you might find yourself or your organization on the wrong end of a lawsuit.

The legal term applicable in this situation is negligent entrustment---where someone lends a car to another and there is an accident. The plaintiff claims that the person who lent the car is liable because he allowed an incompetent or unfit person to use the motor vehicle. The plaintiff will attempt to show that the person who used the car had a bad driving record, or was otherwise unfit to drive and that the person/organization lending the car, should have known about the driver’s incompetence or unfitness. Organizations must understand that they can be found vicariously liable for the actions of their agents, employees, volunteers, or any others acting on their behalf.

In order to guard against such liability, it is a good idea to establish policies regarding use of motor vehicles owned, leased, rented or borrowed by your organization. Consider checking drivers’ abstracts, imposing minimum age limits, requiring drivers training, and imposing rules regarding use of alcohol, drugs, cell phones and other distractions. Some companies seek feedback by posting a phone number on their vehicles, asking, “how is my driving?” I was surprised one day when I saw a truck blow through a red light, almost hitting pedestrians. The truck posted a phone number and I called to complain. If your organization received a complaint of such an incident, wouldn’t you take away the deadly weapon from the driver?