INJURED IN ATV ACCIDENT – MN ATTORNEY
ATV’s are useful and fun. However, they can also be dangerous and occasionally result in serious injury. Our injury lawyers have represented several people injured in an ATV accident. The most common case we see is an ATV accident where a child was driving the ATV and suffers an injury because it tipped or ran into something. In cases where a child is injured on an ATV, there is sometimes a claim because the child was a passenger that was riding on the ATV, and sometimes an injury case against the ATV owner for letting an inexperienced child drive the ATV without proper instruction. Most often, the lawyer in a Minnesota ATV accident case will bring the claim against the homeowners insurance of the person who owned the ATV. Sometimes the claim is against the homeowners insurance of the person driving the ATV. Even if the driver of the ATV was a child, the child will be covered under their parents’ homeowner’s insurance.
Here is an example of one case where a best lawyer from our office represented a child injured in an ATV accident in MN:
The incident occurred on an ATV (4-wheeler) owned by the homeowner. Prior to this incident, our 12 year old client had never driven an ATV 4-wheeler. She had recently moved from a large metropolitan area – Atlanta – where she grew up, and had never even been near a 4-wheeler in her life. The first time she ever saw or experienced an ATV was at the owner’s home earlier on the day of the incident.
Prior to the incident our client was given a ride on the owner’s ATV 4-wheeler — once when the adult owner gave her a ride and the other when the owner’s 16 year old daughter, gave her a ride. The owner NEVER called our client’s mom or grandparents to obtain permission for her to ride the ATV 4-wheeler. Prior to the incident, the owner gave the girls permission for our client to drive the 4-wheeler. The owner did not ask our 12 year old client if she had had any experience driving an ATV, nor did he go out with the girls to provide instruction on how to operate the ATV. Furthermore, he completely ignored the posted warning sticker on this Polaris ATV stating that the ATV “should not be operated if you are under the age of 16.” In other words, the manufacturer warned against allowing children to drive the ATV, and the property owner allowed it without even giving any instruction or determining if our client had any experience driving an ATV.
In addition to failing to provide our client with instruction on how to operate the ATV, the owner also was not present to supervise her driving. Therefore, he had no ability to determine if she was capable of even operating the ATV. Instead, while he remained in the house, two of the girls got on the ATV, with our client driving and another child sitting behind her. They drove for a short time in the front yard and then proceeded towards the back yard. By this time, it was dusk outside. Unfortunately, our client was not alerted to a wooden post in the backyard and did not see it until just before striking it. The child was injured on the ATV and our top lawyers were called to make sure she was fully compensated, including medical bills and future needs.
Our client was a 12 year old girl with no experience or instruction on driving the ATV, driving around the yard at dusk without supervision other than the owner’s 12 year old daughter sitting behind her. Our client was unable to take evasive maneuvers to avoid hitting the post with the four-wheeler because of her lack of experience and strength – which is probably why the manufacturer placed a warning sticker on the ATV that it should not be operated by anyone under the age of 16.
The force of the impact pushed our client forward into the steering wheel, fracturing her left wrist and requiring surgery. Fortunately, we were able to persuade the homeowners insurance that the accident occurred because of the negligent supervision of the owner, and they agreed to fairly compensate our client.
If you or your child are injured in a Minnesota ATV accident, call our office for a free consultation with a top personal injury lawyer. Pam Rochlin and David Rochlin have more than 25 years’ experience representing people injured in accidents of all kinds, including ATV accidents, boat accident, jet ski accident, etc. We have offices where you can discuss your ATV accident injury with an attorney in Edina, Minneapolis, St. Louis Park, and Woodbury. Our lawyers also meet clients at their homes throughout Minnesota including Brainerd, Alexandria, Detroit Lakes, Forest Lake, Mankato, Albert Lea, Duluth, Rochester, Rogers MN, etc.