So How Do You Hold This Thing Again?: Why the Texas Supreme Court Should Turn the Safety Off the Negligent Entrustment of a Firearm Cause of Action

Abstract

Explores the complexities of a claim for negligent entrustment of a firearm. Part II reviews the history of negligent entrustment of a chattel and highlights the claim's role in society. Part III explores the wide application of a negligent entrustment claim and the similarities between automobiles and handguns. Part IV examines Texas's existing case law on this cause of action, as well as its legal and legislative history on firearms. Subsequently, Part V describes how the claim for negligent entrustment of a firearm is in accordance with the Texas legislature's intent, existing Texas case law, actions taken by other state courts, and public policy. Part VI argues that the Texas Supreme Court should recognize negligent entrustment of a firearm as a cause of action and recommends two appropriate paths for the court to accomplish this goal.