Archive for the ‘All Terrain Vehicle’ Category

Unintended Consequences – Claims of Woman Injured on ATV Tour Not Barred by Prior Jeep Tour Waiver (CO)

October 1, 2015

Soucy v. Nova Guides, Inc. (Colorado)
(trial court disposition)

Plaintiff and her family, including her mother and two younger sisters, were vacationing in Vail, Colorado.  On July 9, 2012, plaintiff went on jeep tour, and on July 11, 2012, she went on an ATV tour.  Both tours were operated by the defendant tour guide company.  During the ATV tour, plaintiff’s ATV overturned, causing her personal injury, and plaintiff thereafter filed a negligence lawsuit.  The defendant filed a motion for summary judgment asserting that the plaintiff’s claims were barred by a waiver of liability that the plaintiff has signed prior to her participation.  However, the U.S. District Court ultimately held that there was a triable issue of fact as to the existence of a waiver of liability as between plaintiff and defendant in relation to the ATV tour.  The facts are a little convoluted.

Prior to participating in the jeep tour on July 9th, plaintiff signed a “Lease Agreement and Waiver of Liability” (the “Waiver”) on which a handwritten check mark appeared next to “Jeep tour.”  Nothing was marked next to the other options on the agreement, which were “ATV,” “Mtn. Bike,” and “Hiking.”  However, plaintiff did not sign another Waiver prior to taking part in the ATV tour on July 12th.  Plaintiff’s mother signed a Waiver for the ATV tour, and she listed plaintiff and her sisters as participants in the tour, but the mother did not have the capacity to sign the Waiver for the ATV tour on plaintiff’s behalf.

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ATV Co-Participant Collision Case Stays On Course

July 6, 2008

Allred v. Broekhuis (Michigan-UNPUBLISHED)
(Court Denies Co-Participant’s Demurrer to Claim by Injure Co-Participant Based on the “Recreational Activities Doctrine.”)

In 2005, the plaintiff was riding an all-terrain vehicle (ATV) eastward on a path designated for use by off-road vehicles. Simultaneously, the defendant was riding an ATV westward on the same course. When passing each other, defendant’s ATV crossed onto the eastbound side of the course and struck the plaintiff. Defendant moved for a judgment on the pleadings based on Michigan’s “recreational activities doctrine” (RAD). Under the RAD, co-participants in recreational activities owe a minimum standard of care not to act recklessly towards other participants. However, plaintiff argued that the RAD did not apply under the circumstances, and that Michigan’s Motor Vehicle Code should control.

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Parens Patriae (“Father of the People”)

September 18, 2007

Fields v. Kirton (Florida)
(ATV Fatality; Court of Appeal Makes a Statement Against Parents’/Guardians’ Rights to Waive/Release Negligence Liability on Behalf of Minor Participants in Recreation Activities; Conflict Created in the Law)

A fourteen (14) year old boy died in an all terrain vehicle (“ATV”) accident. His father had taken the boy to the defendant motorsports park without the knowledge of the boy’s mother. In order to gain entry into the park, the father signed a release and waiver of liability, assumption of risk, and indemnity agreement on behalf of his son, which (by its terms) protected the park from negligence-based liability. Thereafter, the boy attempted to complete a jump, but was ejected from the ATV. The ATV landed on top of him. He tried to get up, but collapsed and died. The boy had unsuccessfully attempted the same jump one month earlier, resulting in a fractured rib and mild concussion.

The boy’s parents filed a lawsuit against the park and its owners/operators, alleging negligence in the operation of the facility. The defendants filed a motion for summary judgment based upon the release agreement signed by the boy’s father. The trial court granted the defendants’ motion and the plaintiffs appealed. On appeal, the court reversed the trial court’s decision.

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