Legal Question in Civil Litigation in Ohio
Dear sirs,
My girlfriend of many years was staying the night. I had to go to work before she left. It was cold that morning and my fourteen year old daughter was going out to go to school. My girlfriend wanted to warm her car up before leaving so she asked my daughter to start it for her even though she knew she didn't have her license.
My daughter and one of her friends agreed to help so they went out to start her car for her. It was bad enough that neither one had a license but my girlfriends car was a standard shift.
While trying to start the car, somehow the car was put in reverse. The girls panicked and instead of putting on the brakes my daughter put the accelerator down full throttle. The car flew through the drive way, up a hill, slamming into an apartment across the driveway traveling about 40 yards doing damage to the car and the apartment. Thankfully no one was hurt although the impact knocked the apartments resident off her couch onto the floor.
My question is although I was not there and did not give permission for my daughter to start my girlfriends car would I be liable for my daughters actions?
1 Answer from Attorneys
You might be liable under a theory of negligent entrustment---not being careful in who had access to a vehicle under your control. You should consult with both your homeowners insurance agent and your car insurance agent to see if you have coverage. Even if you are not legally responsible, insurance coverage will provide an attorney to defend both you and the company.
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