FAMILY CAR DOCTRINE
A RULE OF LAW applied in particular cases of NEGLIGENCE that extends liability to the owner of an automobile for damage done by a family member while using the car.
The family car doctrine, also known as the
family purpose doctrine, is based on the premise
that a car is provided by the head of the house-
hold for the family’s use and, therefore, the
operator of the car acts as an agent of the owner.
For example, if a husband is the owner of a car
and his wife uses the car for one of the purposes
for which it was purchased, such as grocery
shopping, then the wife is acting as the hus-
band’s agent in carrying out such purpose.
Under the family car doctrine, the owner of the
family car (in this case, the husband) is legally
responsible for any damage caused by the family
member driving the car (in this case, the wife) if
the owner knew of and consented to the family
member’s use of the car. The courts of approxi-
mately 20 states follow this doctrine.
Liability under the doctrine is contingent
upon control and use of the automobile. An
individual upon whom liability is sought to be
imposed must own, provide, or maintain the
automobile. In addition, in order to successfully
initiate an action within the meaning of the doc-