Legal Question in Civil Litigation in Florida
My child wrecked someones atv
A family friend took my child to their residence out of town for a few days. While there this family friend had my 10 year old child ride atv that belonged to their family member. My child hit a tree and wrecked the atv. Is the owner of the atv financially responsible as they gave their permission and knew who would be riding the atv? Or is my family friend who had my child under her care responsible? Or am I responsible as it was my child? I gave permission for my child, who had never ridden on an atv, permission to ride on the atv but had said ''as long as you think it is safe'' to the family friend. I was relying on this freinds best judgement as I would not be there. The family freind and the owner of the atv were there, I have never been to the residence so I do not know how safe it was. The family friend also did not put a helmet on my child like they said they would. We are in Florida and my child is 10.
2 Answers from Attorneys
Re: My child wrecked someones atv
This sounds like a case for Judge Judy.
You have a responsibility to supervise your child, and you are responsible for damage your child causes. You gave your child permission to ride the ATV. Then it boils down to who was negligent and whose fault was the accident. If your child was negligent and caused the accident, then he caused the damage and he(you) are liable for the damage. A court could also find partial liability (contributory negligence) exists with any of the other parties mentioned. The key to contributory negligence is NEGLIGENCE and causation, not just involvement somehow in an event which ended in property damage. Beyond that, it's anyone's guess, in my opinion.
Who would you consider liable if your child had been seriously injured? Your friend for negligently supervising? Owner of the ATV for giving permission for a 10 year old to ride his ATV? Or you for giving permission for your child to ride the ATV? Merely rhetorical questions. Also without clear answers based upon general facts, from my perspective.
You should seek legal counsel from an attorney who can evaluate all the facts of your case and can advise you of your rights and responsibilities.
Hope that helps.
Re: My child wrecked someones atv
To add to Ms. Grosse's response, I would also argue that the owner of the ATV assumed a certain amount of the risk for damage given that they allowed a 10 year old to operate an inherently dangerous motor vehicle.
If I were the judge I would say that everyone is VERY lucky the child was not injured.
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