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Let's say someone (person A) leases a car financed by the bank in the state of Pennsylvania. Then Person A drunk drives and severely injures several people one of them being Person B.

Can Person B sue the bank for damages under a theory of lessor vicarious liability or similar?

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    Other than because "anyone can sue anyone" at any time, why do you think the bank could be sued, and is in any way responsible? Commented May 31, 2024 at 18:55
  • DV because you haven't presented any compelling reason why a bank might reasonably be held responsible for their customer's driving. Commented May 31, 2024 at 21:11
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    Are you positing that the bank doesn't only have a responsibility to check the borrower's credit worthiness, but also their driving ability, before approving the loan? Commented Jun 1, 2024 at 22:54

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No. Federal law specifically releases the leasing company from liability.

49 U.S. Code § 30106 Rented or leased motor vehicle safety and responsibility

(a) In General.—An owner of a motor vehicle that rents or leases the vehicle to a person (or an affiliate of the owner) shall not be liable under the law of any State or political subdivision thereof, by reason of being the owner of the vehicle (or an affiliate of the owner), for harm to persons or property that results or arises out of the use, operation, or possession of the vehicle during the period of the rental or lease, if—

(1) the owner (or an affiliate of the owner) is engaged in the trade or business of renting or leasing motor vehicles; and

(2) there is no negligence or criminal wrongdoing on the part of the owner (or an affiliate of the owner).

This is a result of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Pub. L. 109–59), passed in 2005, due to cases where lessors were found liable.

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  • The question isn't about the leasing company. It's about the bank that provided the loan. Commented Jun 1, 2024 at 22:52

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