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Author Topic: An ATV is not childs play....  (Read 14240 times)
big-daddy
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« on: December 28, 2007, 09:06:28 PM »

make you want to cry...... Sad



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« Reply #1 on: December 28, 2007, 09:20:50 PM »

man....that sucked..... I wouldnt know what to do if that happened to my daughter, good thing I taught her to always ride with an adult around and with her helmet and gear on.
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« Reply #2 on: December 28, 2007, 10:08:03 PM »

a truly sad story, but I think the family of that girl is doing a disservice to her memory by trying to(in most of their writing and actions after the wreck) blame the accident on everything but her and trying to leave her completely innocent of all blame.

Read through the website and do a google search for her name and you will find that the family sued the family that owned the quad, the family of the kid who was driving the quad, the homeowner's association that owned the community where the quad was driven, and the company that managed the gated community where the quad was driven.  Also, looks like the family that owned the quads were very well off because they had recently gotten a $6 million contract to do some environmental cleanup,,,,,didn't research it any further, I guess if they smell money......

I believe it's people like them that make it hard for anyone to even attempt to open up riding areas, even states for fear of lawsuits from people who would rather blame anyone but themselves for everything that "happens" to them instead of taking some personal responibility for their actions.

Maybe I was raised a bit different, but I was told that if I got on someone's quad and got hurt, the first thing I would do was to fix their machine.

My first wreck was on a Honda 50 motorcycle and I rammed it right into a neighbor's garage door,,,,that got me 7 stitches right above my right knee,,,,,,after sitting at home for a day with it elevated, my mom and dad sent me over to the neighbor's house to fix the door and ask if there was anything wrong with the motorcycle that needed fixing.

dangit, I'm worked up over this,,,,OK one more thing and I'm going to bed.  I found this in the "South Florida Legal News"



Nov
5
Family of dead ATV rider gets $3.6 million

Filed Under Torts, Palm Beach

The family of a 13-year-old girl who was killed while riding on the back of an ATV won a $3.6 million jury verdict on Friday, according to a story in the Sun-Sentinel.

Paul Jacobs, the attorney who represented the parents of Sara Hennarichs, said the owners of the ATV knew that the warning stickers and manual stated that riders should be at least 16, the story said.

    “They chose to ignore those warnings,” he said. “As a result of their ignoring warnings … Sara was allowed to take a joy ride and she had no idea what she was doing.”








It is truly a tragedy that the girl is gone and cannot come back, but what did the money do to bring her back?  I hope they enjoy the checks or do something worthwhile with the money.

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predatorracer8
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« Reply #3 on: December 28, 2007, 10:51:50 PM »





"Sara was allowed to take a joy ride and she had no idea what she was doing.”

this is unfortunate but the quote above is bull. im pretty sure she knew what she was doing unless she was blindfolded and tape on the quad and someone set the idler high and let her rip. and i too have always wondered when people are in these hard times why is it that all they can do is think of money.

i agree with the reply above me when you go ridin on someoe else stuff and bust your bum(lol). you dont get up and make someone write you a check, first make sure your ok then go fix the crap you broke.










« Last Edit: December 29, 2007, 09:31:58 AM by predatorracer8 » Logged
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« Reply #4 on: December 28, 2007, 11:18:03 PM »

IT may have served their daughter better to have told her that any motorized vehicle is not childs play. Then again if it were my child I would be casting blame (venting) any way I could. We can all just be gratefull it was'nt our child. All the money in the world cant heal this wound.
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« Reply #5 on: December 29, 2007, 01:57:41 AM »

No supervision????Maybe her parents should of been watching her.
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« Reply #6 on: December 29, 2007, 05:02:31 AM »

No supervision????Maybe her parents should of been watching her.


You must not have any kids ! If you do ....Do you lock them in your home , cage them like animals? You can't "watch" your kids 24/7 ....Like the above post stated ....."if it were my child I would be casting blame (venting) any way I could"  ...Someone would PAY ! Its not like having your grass die(oh well i should have watered it )  or your cat being hit by a car (oh well should have caged fefe up )!  ITS your CHILD !! A human LIFE! If someone is at fault then they should PAY ! The parents have closesure in a way . Suing is better then loading up your guns and taking your hurt out on those at blame .We have rules here in this world and in this case ....the rules were broke ! Little advise to all .....NEVER let someones kid ride your quads ...I don't give a flying F&^%$ who you are , if my daughter was killed riding your quad without my permission (you making a potentially life threatening decision for my child) I would sue till you had nothing to give ! Like it or not !
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« Reply #7 on: December 29, 2007, 09:10:12 AM »

"if it were my child I would be casting blame (venting) any way I could"  ...Someone would PAY

Why not cast the blame on yourself?  Why is it SOMEONE ELSE's fault.  If it were your kid that did something stupid, then maybe you didn't teach them not to do stupid stuff.  And, yes, my kid does stupid stuff all the time (all kids do), but I'm not going to blame someone else for it...  It's a little thing called "Personal Responsibility" that is SORELY lacking in our society today. 

Suing is better then loading up your guns and taking your hurt out on those at blame .We have rules here in this world and in this case ....the rules were broke !

And shooting someone isn't breaking the rules?Huh?  If you shoot someone over this, what should be done to you?

And who was to blame here?  Sounds like the parents of the kid with the ATV weren't around, so maybe their kid did a stupid thing by letting someone else ride his quad, but the girl did a stupid thing too by riding it.  Why should one kids parents pay for the stupid actions of another kid?

if my daughter was killed riding your quad without my permission (you making a potentially life threatening decision for my child) I would sue till you had nothing to give ! Like it or not !

Suing is not the answer to personal pain.  There is no "fix" for the blows that life gives us.  There are no guarantees that bad things won't happen, but trying to transfer the blame and pain to someone else is not the answer.
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« Reply #8 on: December 29, 2007, 09:39:21 AM »

"if it were my child I would be casting blame (venting) any way I could"  ...Someone would PAY

Why not cast the blame on yourself?  Why is it SOMEONE ELSE's fault.  If it were your kid that did something stupid, then maybe you didn't teach them not to do stupid stuff.  And, yes, my kid does stupid stuff all the time (all kids do), but I'm not going to blame someone else for it...  It's a little thing called "Personal Responsibility" that is SORELY lacking in our society today. 

Suing is better then loading up your guns and taking your hurt out on those at blame .We have rules here in this world and in this case ....the rules were broke !

And shooting someone isn't breaking the rules?Huh?  If you shoot someone over this, what should be done to you?

And who was to blame here?  Sounds like the parents of the kid with the ATV weren't around, so maybe their kid did a stupid thing by letting someone else ride his quad, but the girl did a stupid thing too by riding it.  Why should one kids parents pay for the stupid actions of another kid?

if my daughter was killed riding your quad without my permission (you making a potentially life threatening decision for my child) I would sue till you had nothing to give ! Like it or not !

Suing is not the answer to personal pain.  There is no "fix" for the blows that life gives us.  There are no guarantees that bad things won't happen, but trying to transfer the blame and pain to someone else is not the answer.


also agree with this post, just cause someone puts something in front of your face doesnt mean you have to do that or drive it or etc. the kid broke some laws by riding on a public street. but when that girl hopped on the quad she was also breaking some laws of were to ride and so on... im not trying to be mean or feelingless i just dont like when in cases like this were she obviously did it at her own free will, that someone else gets blamed for it. and you could say "well if the kid never rode over there she would have never got on" but if she thought twice about riding it, she would still be alive. both sides can be blamed no money has to come into play. but if say your were injured in a way you could not control like hit by a drunk driver, or defective equiptment i wouldnt blame you going after some cash for that.
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« Reply #9 on: December 29, 2007, 09:46:03 AM »

Suing is one of the big problems in this day in age, it HAS to be someone elses fault.  That loss is very tragic  Cry but Ida is right everyone wants to sue... thus we are going to loose every right we have to be free. (or whats left) People want everyone else to take responsibility when things go wrong and then pay them. And those same people that demand accountability couldn't help them self if they had to, so lets figure out ways to make it someone elses fault.  Lazy SOB's! Bye bye free world.  Just my 2 cents.
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« Reply #10 on: December 29, 2007, 09:59:16 AM »

  I agree that you can't blame someone else for what happens. I've ridden many of my friends three wheelers when I was a kid, and they rode mine. We knew that when we got on it, we were responsible. " You crash it, you buy it!!"
   I had a YZ 80 that one of my friends rode and fell off of. His leg went through the handle bars and twisted his leg almost completely off. I was scared like hell and felt responsible.   
   His parents came over and told me," It's not your fault, Jamie knew what he was doing when he got on it."
   Common sense is inherited, not learned. If it weren't, a lot of people would be dead already!!
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« Reply #11 on: December 29, 2007, 11:00:01 AM »

in the state of Florida I have heard of many crashes where a 13 year old or so was inexperienced and thought they knew how to handle a bigger quad and ended up killing either themselves, a passenger or someone else.  A few years back 13 year old girl riding a 400ex... way to big for her, hit a barbed wire fence and was decapitated.  Its so sad to hear these things but people need to realize its like a gun.  Driving is like a loaded gun.  1 mistake can easily cost lives.  Its not just kids though a year ago maybe not even 2 guys were riding down a dead end road at night not wearing any helmets and I think dont quote me on this they didnt have lights either while topped out.  Well... the road ends sometime they went barreling thorugh the woods out of control hit trees both died and days later a younger kid walking through the woods happens to find 2 dead guys.  The ONLY time I can see not wearing a helmet is either loading the quad up or just trying the new quad out for a lap around the house. 
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« Reply #12 on: December 29, 2007, 11:58:05 AM »

When I posted about casting blame I didnt mean I would not blame myself. What I meant was my judgement would be clouded by the loss of my child and I would blame anything and everything for my herrendous loss. I know it would really be squarely my fault but I would not be seeing things rationally. I just cant imagine losing one of mine, brings tears to my eyes just thinking about it.
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« Reply #13 on: December 29, 2007, 12:10:42 PM »

I'm not a parent and hopefully I will not be one anytime soon *crosses fingers*

BUT I say its the girls fault.  Getting on the ATV is basically signing your name saying "I am responsible for my actions".  She made the choice to do it.  She easily could have said no to the boy.  And I'm sure if the parents where there they would've said "just go slow". 
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« Reply #14 on: December 29, 2007, 01:21:40 PM »

I'm not a parent and hopefully I will not be one anytime soon *crosses fingers*

dude, you gotta cross more than that to prevent becoming a parent ;-)

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« Reply #15 on: December 29, 2007, 01:25:34 PM »

I'm not a parent and hopefully I will not be one anytime soon *crosses fingers*

dude, you gotta cross more than that to prevent becoming a parent ;-)

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« Reply #16 on: December 29, 2007, 01:36:33 PM »

No supervision????Maybe her parents should of been watching her.


You must not have any kids ! If you do ....Do you lock them in your home , cage them like animals? You can't "watch" your kids 24/7 ....Like the above post stated ....."if it were my child I would be casting blame (venting) any way I could"  ...Someone would PAY ! Its not like having your grass die(oh well i should have watered it )  or your cat being hit by a car (oh well should have caged fefe up )!  ITS your CHILD !! A human LIFE! If someone is at fault then they should PAY ! The parents have closesure in a way . Suing is better then loading up your guns and taking your hurt out on those at blame .We have rules here in this world and in this case ....the rules were broke ! Little advise to all .....NEVER let someones kid ride your quads ...I don't give a flying F&^%$ who you are , if my daughter was killed riding your quad without my permission (you making a potentially life threatening decision for my child) I would sue till you had nothing to give ! Like it or not !

Yeah and thats like saying I lost a loved one but 3 million dollars will make it all better
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« Reply #17 on: December 30, 2007, 06:30:29 PM »

Do these people think that everytime they look at the stuff they buy with all this money, They wont think "I have this because my daughter died" I would think all that money would do nothing but make things worse.
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« Reply #18 on: December 30, 2007, 09:03:20 PM »

Do these people think that everytime they look at the stuff they buy with all this money, They wont think "I have this because my daughter died" I would think all that money would do nothing but make things worse.

that's what I was thinking

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« Reply #19 on: December 31, 2007, 11:51:33 AM »

Now lets think about this in another light....
say the dad has a badazz corvette in the garage & the son tries to impress his g/f by letting her drive that & she loses control & wraps it around a tree. Is she still the only one to blame?

Or say the dad has loaded guns in the house & the son decides to show them off & lets a young girl hold one who has never held a gun before & she accidently shoots herself, is she the only one to blame.

These are good analogies to stir the minds of the people who feel it is all her fault. Would you guys let a 1st time ever rider get on a yfz450? I know I wouldnt!

This is a sticky situation all the way around. I would feel like WickedBanshee & the grief would cause me to do the same, sorry if you guys dont like it. That is why noone rides my quads unless they are family & my attorney is present with the release forms.
As for the "will the money bring her back?" question...... NO.
Will these people let an inexperienced kid ride their high performance toys again?.....NO.
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« Reply #20 on: December 31, 2007, 12:21:41 PM »

Now lets think about this in another light....
say the dad has a badazz corvette in the garage & the son tries to impress his g/f by letting her drive that & she loses control & wraps it around a tree. Is she still the only one to blame?

Or say the dad has loaded guns in the house & the son decides to show them off & lets a young girl hold one who has never held a gun before & she accidently shoots herself, is she the only one to blame.

These are good analogies to stir the minds of the people who feel it is all her fault. Would you guys let a 1st time ever rider get on a yfz450? I know I wouldnt!

This is a sticky situation all the way around. I would feel like WickedBanshee & the grief would cause me to do the same, sorry if you guys dont like it. That is why noone rides my quads unless they are family & my attorney is present with the release forms.
As for the "will the money bring her back?" question...... NO.
Will these people let an inexperienced kid ride their high performance toys again?.....NO.

thats a little extreme about the release forms there friend, and if she shoots herself it is her fault it would have been her choice to hold the gun noone else pulled the trigger its her mistake. this reck was an accident but it could have been prevented from both sides not just one.
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« Reply #21 on: December 31, 2007, 01:17:39 PM »

No supervision????Maybe her parents should of been watching her.

The biggest part of the problem right there.
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« Reply #22 on: December 31, 2007, 04:43:31 PM »

If you are going to allow your child to ride, you should make sure he or she is supervised, wearing the proper protection and riding a bike that is not only correctly sized for them but, one with which they are familiar. If you don't and something happens, it is you, the parent, that is to blame. End of story.
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« Reply #23 on: December 31, 2007, 05:17:44 PM »

If you are going to allow your child to ride, you should make sure he or she is supervised, wearing the proper protection and riding a bike that is not only correctly sized for them but, one with which they are familiar. If you don't and something happens, it is you, the parent, that is to blame. End of story.

I agree 100% But what if your child goes to one of her friends houses. Are you as a parent going to ask, do you own a big bore ute that you are going to let my daughter ride without adult supervision? The only thing that matters is that a young life was lost.
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« Reply #24 on: December 31, 2007, 05:38:05 PM »

You, as a parent can only teach them. Children don't always make the proper descisions, thats what makes them children. She probably was told to not ride but chose to any way. How many times as a child did you break the rules?
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