Legal Question in Civil Litigation in North Carolina

Accident with golf cart

My 11 year old damanged neighbors golfcart on their property. Drove off a cliff. No one was hurt thankfully. They said she could use it. Now they want us to pay for all damanges incurred. I feel they should also be responsible and we should split cost. Are they any laws or other cases I could present. Any advice I do not want it to get ugly.


Asked on 8/29/06, 8:42 am

2 Answers from Attorneys

Judy Tseng Wake Law Office

Re: Accident with golf cart

Why should they have to pay half? It was due to your child's actions that their golf cart was damaged. I don't think you have a legal excuse. Thankfully, no one was hurt. You/your child should pay them and hopefully, your friendship won't be damaged too. Best wishes.

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Answered on 8/29/06, 10:34 am
John Kirby Law Offices of John M. Kirby

Re: Accident with golf cart

This presents some difficult issues. At your daughter's age, she is generally presumed to be incapable of negligence. This issue is complicated a little more because she was operating a motorized vehicle, but that general rule (that she is presumed in capable of negligence) probably applies. Even if she were negligent, then your neighbors probably cannot recover if they were negligent in entrusting the golfcart to her. Finally, they would not have a claim against you, but only against your child. This claim may or may not be covered by your homeowner's policy, depending on e.g. any exclusions for the operation of motorized vehicles. Your proposal to pay half seems fair, and they may not be entitled to any recovery whatsoever. You may want to consult an attorney in your area.

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Answered on 8/29/06, 10:45 am


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