Negligent Entrustment as a Cause of Action in New York

Negligent entrustment is a legal claim that allows someone to recover damages when a person gives control of a dangerous item, like a car or weapon, to someone they knew—or should have known—was likely to use it irresponsibly. In New York, courts recognize this cause of action when there is proof that the person who entrusted the item had special knowledge of a danger specific to the person receiving it. This article explains what must be proven to successfully bring a negligent entrustment claim in New York.

The Defendant Entrusted a Dangerous Item

The first step in a negligent entrustment claim is showing that the defendant gave control or access to a “chattel,” which is a legal term for personal property. Most commonly, this involves lending a vehicle, tool, or firearm. The item does not have to be dangerous by nature, but it must become dangerous in the hands of someone unfit to use it responsibly. For example, handing over car keys to someone visibly intoxicated or known to be a reckless driver can meet this requirement.

The Entrusted Person Had a Dangerous Trait or Condition

The person who received the item must have had some characteristic or condition that made their use of the item unreasonably dangerous. This might be intoxication, a history of reckless behavior, lack of proper training, or a medical condition. It is not enough that the person simply used the item carelessly—their particular trait must have made that misuse foreseeable.

The Defendant Had Special Knowledge of the Danger

The key to negligent entrustment is that the person giving away the item knew or should have known about the danger. This “special knowledge” means that the defendant was aware of a fact that would make a reasonable person hesitate before entrusting the item. For instance, if a person had been in multiple accidents due to seizures and their parent still let them drive, a court might find that the parent had the special knowledge required to be held liable for negligent entrustment.

The Entrustment Caused the Plaintiff’s Injury

The plaintiff must show that the injury they suffered was caused by the negligent use of the item. There must be a clear connection between the defendant’s decision to entrust the item and the harm that occurred. If someone was hurt by the entrusted person’s use of the item in a way that was reasonably predictable, this element is satisfied.

Conclusion

Negligent entrustment is an important legal remedy in New York for holding people accountable when they knowingly allow dangerous individuals to use harmful items. It is not enough that the item was used carelessly—what matters is whether the person who gave it away knew about a specific danger. By requiring proof of this special knowledge, the law focuses on preventing avoidable risks and encouraging responsibility when lending potentially hazardous objects. When someone ignores red flags and entrusts an item to a person likely to misuse it, they may be held liable for any harm that results.

Find the Law

“In order to establish a negligent entrustment claim, a plaintiff must show that the defendant had “some special knowledge concerning a characteristic or condition peculiar to the [person to whom a particular chattel is given] which renders [that person’s] use of the chattel unreasonably dangerous” (Monette v Trummer, 105 AD3d 1328, 1330 [4th Dept], affd22 NY3d 944 [2013] [internal quotation marks omitted]; see Hull v Pike Co., 174 AD3d 1092, 1093 [3d Dept 2019]; Byrne v Collins, 77 AD3d at 784; Cook v Schapiro, 58 AD3d 664, 666 [2d Dept 2009]).” Grandelli v. City of New York, 2019 N.Y. Slip Op. 32856, 5 (N.Y. Sup. Ct. 2019)