Sometimes a good reason to read the opinions from the Court of Appeal is simply so that you yourself won't get sued.
We all (probably) know that if you have reason to know that someone's unfit to drive and you nonetheless let 'em use your vehicle, you might be liable for any resulting accident. That's common sense.
Fortunately, those situations don't come up that often. And, when they do, you're not likely to violate the common law; e.g., to let an obviously intoxicated person drive your car.
But let's say that your son or daughter's friend asks if she can drive your car to pick 'em up. You have no reason at all to believe that this person is unfit to drive. Can you nonetheless be sued?
Today's opinion says: Yes. If you don't affirmatively ask them if they have a license.
There's a new statute, Section 14604 of the Vehicle Code, that requires an owner of a motor vehicle “to make a reasonable effort or inquiry to determine whether [a] prospective driver possesses a valid driver’s license before allowing him or her to operate the owner’s vehicle.” The Court of Appeal holds that this statute applies to everyone, and that if you don't ask, a jury can find you liable for negligent entrustment on that basis alone.
That's true even if, as here, there's absolutely zero reason to believe that the person's unlicensed. Here, a licensed contractor drove his own vehicle to the residence, and then borrowed the owner's car for a trip. The owner (understandably) assumed that the guy had a license given that he both was a contractor and drove his own vehicle. Turns out he didn't -- indeed, also had numerous DUIs etc. But the owner had no reason whatsoever to suspect that.
Too bad. Not asking the question is a sufficient basis for liability. You've got an affirmative duty. So better ask.
It's not that a jury has to find that if you don't ask, you're liable. It's simply that they can. That basis alone is sufficient to get past summary judgment and to support a jury verdict in plaintiff's favor.
The resulting lesson is a simple -- and eminently practical -- one:
Before you let someone use your car, remember to ask them: "Do you have a current valid driver's license?" Otherwise, you could be found liable for any subsequent accident.
Take it to heart. Five seconds could save you five million.
