Torts II

Bailment

A bailor is generally not liable for damage caused by the use of his property by a bailee.

Exceptions:

• Family Car Doctrine

  The family car doctrine places liability on the owner of a vehicle for negligent operation by a person using the vehicle with the express or implied consent of the owner for purposes of the business or pleasure of the owner's family.

• It is traditionally presumed that an owner controls the vehicle when he is a passenger therein, but many states have abandoned this presumption.
• Automobile Consent Statute

  Many states have statutes that make the owner of a vehicle vicariously liable for injury caused by the negligent operation thereof as long as it is used with the owner's consent.

• One is liable for his own negligence in loaning out his car.