Legal Question in Personal Injury in California

Liability for the actions of another thru Legal Ownership

My brother was arrested for Drunk Driving and had his California license suspended (? temporarily revoked ?). He used to live in Arizona so he had his Arizona license renewed.

Now he wants me to register his car in my name so he can drive it as an out of state driver. (if he were stopped driving a car registered in his name in California they might want to know why a California resident has an Arizona drivers license)

My question is: what kind of liability, if any, would this open ME up for if he should hurt or kill somebody - whether under the influence or not - and the instrument of destruction is registered in my name?

Some of the legal terms I've heard regarding this include: Direction & Control, Scope & Course and Negligent Entrustment.

My brother insists that the law would not hold one person liable for the actions of another.

Are there any mitigating or exculpatory factors or circumstances?

I want to help my brother but I don't want to open myself up for unlimited liability, or any liability for that matter.

What if I was just on the registration as a lein holder?

Thank you.


Asked on 10/20/04, 7:41 pm

5 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Liability for the actions of another thru Legal Ownership

If you do this and your brother causes an accident, the victims would have a good case against you for negligence. If they win at trial, you could be responsible for all of their damages. (Technically, you and your brother could be held jointly and severally liable, but such a result would allow the victims to execute the judgment against you alone.)

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Answered on 10/27/04, 2:53 pm
Armen Tashjian Law Offices of Armen M. Tashjian

Re: Liability for the actions of another thru Legal Ownership

Cal. Vehicle Code 17150 et seq., provides the owner liability and limits it up to $15,000.00 provided there is no NEGLIGENT ENTRUSTMENT in which case the liability is UNLIMITED.

Proceed at your own risk, because this will be considered not only NEGLIGENT ENTRUSTMENT but knowing and willful participation and facilitation. Don't do it.

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Answered on 10/30/04, 12:32 am
Terry A. Nelson Nelson & Lawless

Re: Liability for the actions of another thru Legal Ownership

Full liability for you as the registered owner, and potential cancellation of your insurance after the fact of an accident if the fraud is discovered.

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Answered on 10/27/04, 5:06 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Liability for the actions of another thru Legal Ownership

Your brother needs to take responsibility for his own actions, unfortunately. Drunk driving is a serious matter. Don't stick your neck out on this one.

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Answered on 10/27/04, 5:27 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Liability for the actions of another thru Legal Ownership

In Alameda county the parents who provided their son, who they knew drove under the influence, were not only held to be negative, but were held liable for punitive damages. The theory being that they knew of the danger, but proceded to provide the automobile with which their son was driving at the time of the accident. Doing as your brother asks has not only serious civil consequences, but could potentially have serious crimminal consequences for you.

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Answered on 10/28/04, 2:07 am


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