If a 10 year old jumps in front of another 10 year old who is riding an ATV and there is an accident, are there grounds for a civil suit?

UPDATED: Sep 30, 2022

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If a 10 year old jumps in front of another 10 year old who is riding an ATV and there is an accident, are there grounds for a civil suit?

My 10 year old supposedly stepped out into the street while another 10 year old was riding an ATV

unsupervised. Supposedly this caused an accident and the rider was injured. Can the parents of the

riding child file suit against me?

Asked on February 7, 2017 under Personal Injury, Louisiana


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You could be sued for negligence which would be negligent supervision of your child.
However, you could assert the defense of assumption of the risk with regard to the other parents allowing their child to ride an ATV unsupervised.  Assumption of the risk is recognizing and understanding the danger and voluntarily choosing to encounter it.  In this case, the parents recognized and understood the danger of allowing their child to ride an ATV unsupervised, and voluntarily chose to encounter it.
Another defense you can assert is contributory negligence which means the parents of the other child were negligent in letting the kid ride an ATV unsupervised and that negligence contributed to the child's injury.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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