If my son’s friend had an accident while riding our son’s motor scooter, are we responsible?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my son’s friend had an accident while riding our son’s motor scooter, are we responsible?
My son had his 2 battery-powered scooters at a friend’s house down the street. The friend was riding 1 of the scooters when he ran into the back of a parked truck. There was a helmet available, but my son didn’t tell the friend he should wear it. Other adults were there and didn’t say anything about helmets either. The boy in the accident hurt his head, but not seriously. Are we responsible for the accident because it was our scooter?
Asked on June 29, 2011 under Personal Injury, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
It's not automatic that you are negligent, but you may be. The issue will be where you negligent or careless. Here are some factors:
1) Is the battery scooter appropriate for children of your son's age to begin with?
2) Even if the scooter may be appropriate, is it appropriate for his friend to ride one--e.g. has he ridden one before?
3) Presumably it is negligent or careless to let a child ride a scooter without a helmet--this is probably the strongest thing against you.
The action of other adults who could have intervened but did not probably doesn't matter. Basically, if everything was done right, you'd not face liability; but if there was some way in which this boy, riding one of your scooters the way he did this time, was careless or negligent, then you could face liability.
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.