Legal Question in Personal Injury in Texas
Liability of Dirt Bike Track Owners
Is the owner/manager of a dirt bike track responsible or expected to take certain steps to insure reasonable safety of minor bike riders on the track? If the owner is aware of an 8 year old girl riding a dirt bike so large that she can bearly hold it up and that she is wearing an adult male's helmet that does not fit her head let alone provide adequate protection.
Thank you.
2 Answers from Attorneys
Re: Liability of Dirt Bike Track Owners
Based on the facts and circumstances that you have given, the answer to your question likely would be "Yes" in all of the 50 states. One definition of negligence is the failure to take ordinary care that is expected of a reasonable person in similar circumstances.
Pretend for a moment that you are sitting on a jury involving a case where an 8 year old girl is seriously injured while riding on a track without proper equipment or supervision, and such facts were known to the owner/operator prior to the injury. What will be your verdict?
Negligent: "Yes" or "No"
Re: Liability of Dirt Bike Track Owners
From reading the question, did an injury occur or does it look like someone might get hurt?