Legal Question in Personal Injury in Ohio

if a friend was injured while riding my atv can i be liable. the injury was a result of his inexperience, not any problem with the atv itself

Asked on 10/12/09, 11:08 pm

2 Answers from Attorneys

Howard Mishkind Mishkind Kuwlicki Law Co. L.P.A.

As a social guest generally you would not be liable for his injuries unless it can be demonstrated that you knew that the person was inexperienced and that it was highly dangerous for you to entrust the ATV to him. Generally your only duty would be to warn him of any hidden or latent defects in the ATV or any precautions that you knew of that might not have been obvious to your guest. If your ATV was insured you may have a contractual policy that will pay his medical expenses up to a certain limit without reference to any issue of duty or negligence on your part. If he injured someone else as a result of your negligent entrustment of the ATV and you knew he was inexperienced that might result in a different outcome. Good luck and hope this helps

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Answered on 10/13/09, 7:00 am
David Michael Benson Benson Law Firm

Novices allowed to drive ATVs without supervision, a helmet or instruction, have brought personal injury suits against the owners of the vehicles.

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Answered on 10/13/09, 10:35 am

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