“This article was originally published in the October 2016 issue of COMMUNIQUÉ, the official publication of the Clark County Bar Association.” Many lawyers are unfamiliar with the 2005 Graves Amendment, 49 U.S.C. § 30106(a). This federal law eliminates vicarious liability claims against vehicle rental companies based exclusively on a company’s status as the owner of […]
The Graves Amendment Eliminates Vicarious Liability Of Motor Vehicle Rental Companies . . . Mostly?
If You Don’t Buy Loss Damage Waiver Protection, You May Have To Pay To Repair The Rental Vehicle Even If the Damages Were Not Your Fault.
Elite Moving & Storage, Inc. made a practice of renting trucks from Malco Enterprises of Nevada, Inc. One of the trucks sustained damage when Elite rolled it over. Malco demanded that Elite pay the damage. When it did not, Malco filed suit. Vehicle rental agreements almost universally say that the renter will be responsible for […]