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IMPUTED NEGLIGENCE; DRIVER TO OWNER-PASSENGER

If the owner of an automobile requests a person to drive it, and the owner remains in the vehicle while it is driven, it is presumed that the driver was operating the vehicle as the agent of the owner. Any negligence of the driver in the operation of the automobile is thus imputed to the owner.

However, if you find from a preponderance of the evidence that the owner did not retain control of the direction over the automobile, then the presumption of agency is rebutted; and any negligence of the driver is not imputed to owner.

NEV J.I. 5.05

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. Peers have named him an AV-Rated Lawyer, Best Lawyers, a Top 100 Super Lawyers in the Mountain States multiple years, and to the Legal Elite and Top Lawyers lists for many years. Mr. Young has been appointed a part time Judge, a Special Master to the Clark County, Nevada Business Court, as an arbitrator by the Nevada Supreme Court. He has been appointed as an arbitrator or mediator of well over 250 legal disputes from business disputes to personal injury matters. He has been named Best Lawyers for Arbitration. Mr. Young is a respected author of ten books, including A Litigator’s Guide to Federal Evidentiary Objections, A Litigator’s Guide to the Federal Rules of Evidence, and the Federal Court Civil Litigation Checklist.
Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.

 

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