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?
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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
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 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.
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