A suit has been filed against a County Board of Education for the wrongful death of a 15 year old football player who was struck by an ATV driven in the stadium by another student.  The football coach was also named in the suit.

The lawsuit alleges that the coach neglected to appropriately supervise the students in the safe operation of the ATV and should not have permitted a minor to operate the ATV, in the first place.  The suit alleges that the student(s) did not receive appropriate training in the safe operations of an ATV.

The School Board has since enacted provisions that have prohibited students from driving school vehicles in an attempt to avoid a re-occurrence.

A similar suit was brought (by the law firm) for a minor, against her natural father for having permitted her to operate an ATV at a camp site, which she ultimately ran into a tree and suffered life altering head injuries.  The homeowner’s insurance carrier for the father ultimately tendered the father’s insurance policy limits; and the court furthermore forced the father to personally be liable and contribute for all of his daughter’s future out of pocket medical expenses.  Prior to the incident occurring the child’s parents were divorced and living apart, the daughter primarily with her mother … who had just prior to that incident, admonished the father and pleaded with him not to allow her to use the ATV.

In Florida, if the ATV would be ruled a dangerous instrumentality, the court could find an owner of the ATV as liable as the individual operating it.  This concept of placing liability on owners of dangerous instrumentalities is equally applicable for cars, trucks and even golf carts in Florida.

For further information please free to contact the Personal Injury Lawyers at the Schulman Law Group at 954-349-3300, 1-877-529-0444 or at info@www.schulaw.com