In movies and TV, there is an old belief that the captain of the ship bears the responsibility for the crew’s actions. A similar rule applies in negligence law. It states that the plaintiff’s liability for damages is not necessarily the tortfeasor (negligent driver).
- Liability of Employers – The tortfeasor must be an employee. Most courts use the common-law definition of “employ,” which is “suffer or allow to work.” However, volunteers, interns, and independent contractors are all considered employees. This is because of the control that a boss has over workers. In these cases, the employer usually determines things such as the work hours, conditions and routes of delivery trucks.
- Rented Vehicles – In the summer months, large rented trucks are often seen on the roads. A commercial driver’s license will be required to drive many of these large vehicles. Many rental truck drivers are distracted by their GPS systems, even though they don’t know the area or are inexperienced. Although a driver of a rental truck appears to be an employee, the Graves Amendment is an obscure omnibus federal spending bill addition-on that exempts rental companies from liability for any damages.
In most cases, the law seems to provide immunity. Section (a) contains some huge loopholes that can be found if you look closely.
- The phrase “Business or Trade of Renting Vehicles” is not defined by law. However, it usually means that the majority of a company’s revenue comes from this source. Many companies now operate as moving companies. They offer more services than just vehicle rental companies like U-Haul.
- Not Negligent Other: Before the Graves Amendment, store clerks couldn’t verify driver licenses. Now checks are much easier and courts have ruled that renting a vehicle to someone with a suspended license or a poor driving record is conclusive evidence and proof of negligence.
If the Graves Amendment is not applicable, some or all of the plaintiffs’ economic and/or non-economic damages could be the liability to the car rental company.
- Dram Shop Responsibilities – If an impaired person causes or injures another person, a commercial alcohol provider (such as bars, taverns, and restaurants) may be held liable in certain states. The plaintiff must prove the following:
- Selling Illegally The second type must be proven by circumstantial evidence, such as bloodshot eyes or unsteady balance.
- Motorized Vehicles: A restaurant or bar should know if someone is going to be driving a motor vehicle underage or while they are intoxicated. If the tortfeasor is left alone, it’s possible to prove that they have sufficient knowledge.
- These economic damages include property loss and medical bills. However, intangible damages such as loss of enjoyment and emotional distress are also possible.
Summarized from an article by Sargent Law Firm.
