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Hi. I'm Indiana personal injury attorney David Holub. The other day, we got a call from a mother whose 12 year old daughter was involved in a go-kart accident at an amusement park. The 12 year old daughter had rented a go-kart, or the parents had, and a 20 year old was also on the track in a go-kart rented from the same facility. The 20 year old hit a pothole and then crashed into the 12 year old. The 20 year old said that his brakes failed. Let's first look at the 20 year old. The 20 year old could be held liable for going too fast for conditions and for not paying attention to the fact that the potholes were on the track. Apparently he had gone around the track a number of times and was certainly aware of the potholes. Also, since he's old enough to have his own vehicle, he does have a driver's license and does have his own vehicle, his own insurance policy on his own vehicle may cover. You'd have to look at the policy language. There may be an exclusion, but it may cover his actions operating the go-kart. Some policies cover whether you're operating a rental car or somebody else's car. Now as to the amusement part, certainly there's a possibility that you could argue that they rented a go-kart without good brakes. They have an obligation to make sure that the brakes are working on anything that they rent out. They also could be held responsible for presenting go-kart operators with a track that has potholes in it and is not a safe track. Now certainly you can sometimes sue highway contractors and towns and cities for improper maintenance of a roadway. So, here you have a situation where a 12 year old was hurt and there looks to be enough potential issues to justify investigating the claim and seeing if there is something that can be done for the mother and child. If you find this content helpful, please like and subscribe.
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