Boy Injured by Go Kart...

by Bernie
(Arizona)

My son and several of his friends fixed up a 3 cycle go kart that was in my parent's back yard. They got it to start and took it outside my parent's yard into an open field. They all started taking turns and this one boy saw them and came over and waited his turn and got on the go kart. He started driving the go kart fast and all of the other kids including my son started yelling at him to slow down and get off the go kart.

The boy didn't listen and ran over another spectator. This kid was flown to the nearest hospital with a broken leg. Can I be sued if a friend of my son borrowed my son's go kart and ran over another kid?

Visitor Question:
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ANSWER for "Boy Injured by Go Kart...":

Bernie (Arizona):

Regrettably, if your son is a minor and you and he owned the go kart you can be held liable for injuries to another person. The issue of contributory negligence appears in the facts you present. If you are confident your son and the other boys will verify they were yelling at the driver to stop, the issue of contributory negligence will be in your favor.

Call your homeowners insurance company and report the accident. That’s what homeowners insurance is for. If you haven’t made many claims on your homeowners insurance before, this one claim probably won’t adversely affect your policy or its premiums.

Remember, when it comes to accidents, a failure to report one to your homeowners insurance company can be grounds for denial of your claim.

Your insurance company won’t do anything until you are notified by the injured spectator or her attorney. If you do receive a letter from the spectator or her insurance company, don’t panic. These things happen all the time. No one is going to take your home or your car, or for that matter, much else.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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