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remdog · Feb 13, 2011, 04:08 PM

Last summer my wife & I had invited friends over to enjoy our pool,they brought along another couple with their 10 year old son,later in the afternoon the other couple asked if their son could have his 10 year old friend dropped off,we said sure.When he was dropped off ,they asked his mom if it was OK if he rode one of our 4 wheelers with their son,she gave permission.They then asked us if the 2 boys could ride our 4wheelers in our field,we agreed as long as they stayed in field where they could be supervised.Their boys friend fell off our wheeler & unfortunately was injured.Are we as homeowners & owners of wheelers responsible for injury even with parents verble consent?

excon · Feb 13, 2011, 04:15 PM

Originally Posted by remdog

Are we as homeowners & owners of wheelers responsible for injury even with parents verble consent?

Hello r:

I think you are.

excon

cdad · Feb 13, 2011, 04:18 PM

When a person is on your property and by your permission then you are responsible for them. Like if you hired a contractor and they fell off a ladder your home owners insurance would come into play. Quad runners can be a dangerous item and Im sure you have been told that no one under 16 is suppose to be on them. Supervision or not. That is an industry recommendation.

joypulv · Feb 13, 2011, 04:34 PM

If you are sued, yes.
Try to forestall being sued by having talks with all parents involved. See if you can get them to agree that the blame should be shared.

remdog · Feb 13, 2011, 04:40 PM

Hi guys.. to what extent will we be sued? BI.. Pain & suffering,. It sucks to be nice these days..

excon · Feb 13, 2011, 04:44 PM

Hello r:

Medical bills, pain and suffering, maybe punitive damages, and maybe you'll have to pay for their lawyers too. But, your homeowners insurance should take care of it.. You DO have insurance, don't you?

excon

remdog · Feb 13, 2011, 04:46 PM

YES... Absolutely.. had the same Insurance co for 24 yrs... They will cover this.. as our Homeowner Insurance co..?

remdog · Feb 13, 2011, 04:47 PM

Just concerned as he was underage as you said and our property.. thank you!!

excon · Feb 13, 2011, 05:20 PM

Originally Posted by remdog

They will cover this..as our Homeowner Insurance co....??

Hello again, r:

I can't imagine you won't be covered for an incident like this... Hopefully the damages don't exceed your maximums. I'd call them right now.

excon

ScottGem · Feb 13, 2011, 05:24 PM

Here' the problem. If you were negligent in allowing them to use the 4 wheelers in contradiction of recommended practices, your insurer could deny your claim.

cdad · Feb 13, 2011, 05:38 PM

Here is a link for future reference.

ATVSafety.gov Safety Tips

Children under 16 years old lack the developmental skills to safely drive adult ATVs. These ATVs – with engine sizes over 90 cubic centimeters (cc) – can go over 70 mph and weigh hundreds of pounds. Current industry and CPSC recommendations are for children and young teens to be restricted to ATVs with engine sizes of 90 cc or below.

Fr_Chuck · Feb 13, 2011, 06:38 PM

First don't be so 100 percent sure that you are covered, many policies have restrictions on many items, off road vechiles is one of them, yours may well cover it, but you will need to verify it.

Next yes of course you are liable, it was on you property , on your ATV and even with your permission.

Next you did not say the extent of the injury, a few cuts or several broken bones,