Go-Kart Crash

I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.

Today’s question comes from a caller who said her 12-year-old daughter was seriously hurt while operating a go-kart at an amusement park. She wanted to discuss her legal options.

Upon questioning, the mother revealed that her daughter was operating a go-kart which was struck by another go-kart being operated by a 20-year-old man. The man said that the brakes did not work and that he hit a pothole on the track when he was going too fast, and it caused him to lose control. And, when the brakes failed to work he struck the go-kart the woman’s daughter was operating. He apologized for the incident.

In considering the situation several things point to liability of the 20-year-old man, and other things point to the liability of the amusement park operator.

As to the 20-year-old man, he admitted going too fast for the conditions, which conditions included a track with potholes. Certainly, his conduct could be considered unreasonable under the circumstances. If the man has a driver’s license and a motor vehicle with insurance coverage, the insurance policy possibly would apply to cover his operation of the go-cart. The policy language would have to be checked.

As to the amusement park, it is concerning that they supplied a go-kart without functioning brakes.

It is also concerning that the track the amusement park supplied to those renting go-karts was itself defective and had potholes.

Also of concern is that the man was operating too fast for track conditions. The park should be enforcing speed limits on the track or adjusting the go-karts so as to limit the maximum speed for the go-karts.

While much additional investigation will be required, the caller and her daughter certainly appear to have several options available to them to recover damages suffered by the daughter in this unfortunate situation.

I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”