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In Nevada, the elements for a claim of negligent entrustment are:

  1. Defendant leaves an object, such as an automobile or firearm, with another person;
  2. Defendant knows or should know the person with whom the defendant left the object is inexperienced and/or incompetent to use the object and a person who could use the object to harm others;
  3. The person entrusted with the object uses it in a negligent fashion, harming another; and
  4. Damages.

Nurse v. U.S., 226 F.3d 99 (9th Cir. 2000); Hall v. Enter. Leasing Company-West, 122 Nev. 685, 137 P.3d 1104 (Nev. 2006); Zugel v. Miller, 100 Nev. 525, 688 P.2d 310 (1984); McCart v. Muir, 230 Kan. 618, 641 P.2d 384 (1982); Mills v. Continental Parking Corp., 86 Nev. 724, 725-26, 475 P.2d 673, 674 (Nev. 1970); Wiggins v. Hughes Tool Co., 87 Nev. 190, 193-94 484 P.2d 566, 568-69 (Nev. 1971); 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 643-45 (1980).

 

See elements for other claims at the Nevada Law Library

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on business law, business litigation, and acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.