What is the presumption regarding who may be vicariously liable for injuries caused by a driver using a vehicle with permission of the owner?

• A. There is no presumption; the owner is never liable.
• B. The owner is always liable, regardless of permission.
• C. There is a strong presumption of permissive use that can be rebutted with evidence showing lack of permission.
• D. The presumption only applies to commercial vehicles.

Answer: (C)

Permissive use and vicarious liability are at play when someone drives another’s vehicle with the owner’s permission. In this situation, the owner is presumptively liable for the driver’s negligent acts, because the driver is acting with the owner’s authorization. That presumption is strong, but it can be rebutted by evidence showing there was no permission or that permission was revoked before the accident, or that the driver lacked authority to use the vehicle at that time. It isn’t limited to commercial vehicles, and it isn’t absolute—the owner can avoid liability if the lack of permission is proven.