Permissive Use – Vehicle and Traffic Law §388

This program examines New York's permissive-use doctrine under Vehicle and Traffic Law §388 and the circumstances under which vehicle owners may be held liable for the negligence of individuals operating their vehicles with express or implied permission. Faculty will discuss the statutory presumption of consent, limitations on permissive use, the burden of rebutting that presumption, and key exceptions and defenses, including the Graves Amendment. The program will also address Vehicle and Traffic Law §1210(a), commonly known as the "key-in-the-ignition" rule, and its impact on liability when vehicles are stolen and involved in accidents. Through a review of significant case law and practical examples, attendees will gain a better understanding of owner liability and emerging issues in motor vehicle litigation.

Presented by:

Andrea M. Alonso, Esq.

Morris Duffy Alonso Faley & Pitcoff

New York, New York