Legal Question in Civil Litigation in California

My 16 yr old son wrecked a golf cart

My son plays golf everyday. He rented 2 golf carts from a clerk at the proshop who was working his ''first day on the job'' The clerk asked the boys (a foursome) if they needed a cart? My son had asked before to rent a cart and knew the course rules/regulations were that you had to be 18 and have a drivers license. When asked if they needed a cart and my son said ''sure'' and had the money to rent 2. He did sign for them and told the clerk he was only 16 and the clerk said that it was fine, and took his money. After playing thru on the way to the club house a race started between the two carts and my son who was driving one of them went up over a grassy hill and crashed into a tree. He had bumps and bruises but was not seriously injured. The incident was big and the golf course manager had to have the cart towed off, took the boys in the office and told my son he would have to pay for the damages. This was on May 15, 2007 and yesterday I received a bill for $840.27. Can the clerk be held responsible for this damage as he wrongfully rented my minor son the cart? Wonder if he would have broke his neck, then what? I mean I know he knew he wasn't to have a cart, but he offered and boys will be boys. Please advise Susan


Asked on 7/19/07, 5:17 am

3 Answers from Attorneys
Judith Deming Deming & Associates

Re: My 16 yr old son wrecked a golf cart

Are you for real? Your son INTENTIONALLY acted as he did, and KNOWINGLY took advantage of the clerk's naivete and recent hire! Your argument is that it is the golf course's fault for not realizing your son was prone to trickery and that he would engage in unlawful mischief if he had the opportunity? It is kind of like saying a shoplifter is not responsible for stealing as the store should have known he would steal if given the chance! If anyone had been injured, you can bet you would also be sued for failure to properly supervise your minor son! Shame on you for being such a cheapskate, as it could have been far worse.

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Answered on 7/19/07, 9:50 am
Terry A. Nelson Nelson & Lawless

Re: My 16 yr old son wrecked a golf cart

Advice? Make your son take responsibility for his actions, stop looking to blame others, and pay the damages.

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Answered on 7/19/07, 1:43 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: My 16 yr old son wrecked a golf cart

I agree with Ms. Deming and Mr. Nelson. Your son caused the damage so he is responsible for it. Since he's a minor, the liability falls on you if he can't pay.

"Boys will be boys" is no excuse for your son's actions, and your eagerness to excuse them is troubling. Now would be a good time for your son to learn that people are responsible for their own actions. Somehow I sense that he hasn't learned this lesson at home.

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Answered on 7/19/07, 2:36 pm


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