Legal Question in Personal Injury in Georgia

Re: 4 Wheeler accident

First, let me say I am sorry to hear that your son was injured.I have been representing injured people and their families for over 30 years (I also have 2 teens myself) and one thing I have learned is that the whole family is affected when a child is injured--not to mention the pain your son is going through himself,which is undoubtedly substantial.You need to look at the whole picture.Sometimes a homeowner's liability insurance policy will provide coverage in a claim against the driver in such a situation.Ordinarily the parents would not be responsible for the negligenge of a minor child (autos are a special category where parents sometimes are) but if the child-driver is old enough to appreciate danger and intelligent enough he can be held liable triggering the homeowner's insurance. This can sometimes be a complicated issue. Why did the driver jump off? Was the vehicle about to roll over? My initial reaction is that there may be a product liability claim here.One thing you have to be careful about is the statute of limitations. I realize that your son is a minor which operates to extend the limitation period but sometimes people can lose a portion of the claim by waiting too long (that subject is a little too complicated for a long discussion in this note).Also the longer you wait there more the evidence gets stale. I think you need to move on this ASAP.

Re: 4 Wheeler accident

I second everything my good friend Ron Lowry said. I too have two teenagers at home, one of whom has had some serious health issues and surgeries lately, so I deeply empathize.

Roughly 16 years ago I handled a case involving an accident with two 14-year-olds on an ATV, one of whom sustained a significant brain trauma. That work formed part of the basis for an article I published in the Georgia Bar Journal on "Tort Claims Involving Minors in Georgia," which is summarized at http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008524.html.

First consider potential liability theories. That requires analysis of more facts that were included in your inquiry. What are the details of how the accident happened? Exactly what were the kids doing before the kid jumped off? Why was the kid jumping off the ATV? How old was the kid who jumped off? If the kid who jumped off was 14 or older he can be liable for his own negligence, with insurance coverage for such negligence under the family's homeowner's insurance. If he was 13 or younger, then he would be immune from individual tort liability.

Were there prior incidents of that kid doing dangerous stunts on the ATV? If so there might be a theory for recovery against his parents under negligent entrustment or dangerous instrumentality doctrines.

There may or may not be a claim against the manufacturer of the ATV if it was less than ten years old. If the ATV was over ten years old then any claim against the manufacturer would be limited to failure to warn of a known hazard related to a product defect. Remember that those claims are tough, and it could be difficult to overcome a "misuse" defense based on the kid's conduct.

There are two potential claims with different time limits. First is your son's claim for his pain, disability and impairment and for future medical expense after age 18. That has a two years statute of limitation, measured from his 18th birthday, so it must be filed by his 20th birthday. Second is your parental claim for medical expense and loss of services (comical to contemplate if your kid's like mine). The case law is confused on the statute of limitation that applies to this. Old cases say four years, but a poorly reasoned case in the 1990's says two years. I suggest that people file that claim within two years to be safe.

Aside from all these legal points, one must also consider the totality of the facts and whether the lawsuit would make sense to an average person who may wind up on a jury. The sole measure of the value of pain and suffering is the "enlightened conscience of a fair and impartial jury." Therefore, all injury case valuations are driven by estimates of what a jury would likely do. I don't have enough feel for your case to guess about that at this time.

I wish you well.

Re: 4 Wheeler accident

Need more facts before anything definitive can be said. You may have a claim against the other child's family. But, there may be a contributory negligence defense againt your son.

Re: 4 Wheeler accident

There is no table or specific formula for pain and suffering. You should consult with an attorney about to handle this case.

Re: 4 Wheeler accident

Your best bet, as mentioned, is to meet with an experienced lawyer. However, do not be surprised if the lawyer explains that accidents like this are part of the risk of riding the ATV (or motorcycle, jetski, etc.). This is especially true when one assumes the risk of riding with someone else. It could just as easily been the other person hurt and asking for money.