If a member of a family provides an automobile for the use of other members of the family, and they use the automobile with the provider's permission, they become the agents of the provider for the purpose of that use, which includes their own personal pleasure. If a member of the family uses the automobile and wrongfully causes injury to another, the provider of the automobile is liable for the resulting damages sustained.
Applying this doctrine it must be established:
1) that the [Plaintiff][Defendant] provided for members of the [Plaintiff’s] [Defendant's] family the motor vehicle involved in the accident;
2) that the driver of the motor vehicle was a member of the provider's family; and
3) that the driver was using the vehicle for a purpose for which the [Plaintiff] [Defendant] provided it, with the [Plaintiff’s] [Defendant's] express or implied permission.
Although a member of a family may provide an automobile for general use by the family members, the automobile’s use can rightfully be denied to any other member at any time. A provider who does so cannot be held liable for the fault of a member whose right of use has been denied.
It is for you to determine, from all of the evidence and under these instructions, whether the automobile provided by the [Plaintiff] [Defendant] and driven by _______________, the [Plaintiff’s] [Defendant's] _______________, was maintained for the use of the members of the family and whether the [Plaintiff’s] [Defendant's] _______________ at the time of the accident, was using the automobile as a member of the [Plaintiff’s] [Defendant's] family, with express or implied permission of the [Plaintiff] [Defendant].