Legal Question in Personal Injury in West Virginia

Re: atv accident

This issue may be governed by W.Va. law, and hence an opinion from that state would be useful. Generally speaking, the issue would seem to be one of "bailment" law. Although this law is somewhat unclear, generally speaking a person borrowing (or using) an item from another person must use "reasonable" care with that item, and he/she is liable for damages to the item (or loss of item) resulting from unreasonable or negligent care. There is often a "presumption" that the user/borrower (bailee) was negligent if the item is returned harmed. In this case, it seems to be a gray area. Arguably, damage to the ATV was simply a risk of its use, and a risk of its use by your son. Also, if you son was somehow incompetent to operate this ATV, then the bailor could himself/herself be negligent, which could conceivably bar his/her claim. Finally, the owner should not in any event have a claim against you, but only against your son. You should consult a lawyer especially if you or your son are sued.