[fffggg]

"I do not think it is that clear-cut, even for car rentals"

Well, it is that clear cut. As the article notes there is a law which unambiguously states that car rental agencies are not liable in this scenario: http://gregjohnson89.wordpress.com/2010/10/28/vicarious-liab...

As the article further notes, the only question is whether a loophole in the law's definition may cause Ms. Fong to not qualify as a car rental entity.

[Someone]

I did not click through that law, but only read the (emphasis added) "In any event, she has done her own legal homework and points to a federal law that can shield rental car companies from liability for accidents that happen while someone is renting the car.", and concluded (possibly incorrectly) that that law isn't watertight.