Injury

Premises Liability: 17 year old allowed to test drive all terrain go-cart vehicle in parking lot of retail establishment. Young driver flips vehicle in parking lot when he encounters accumulation of sand at high speed. Crush injury and burn to left arm and hand results in permanent scarring.

Challenge

Defense denies premises liability and asserts seventeen (17) year old should have known risks of driving vehicle. Retailer provided no instruction or warning prior to test drive. Available safety harness was covered with packaging plastic wrap and not engaged during test drive and crash.

Result

Settled prior to trial at mediation for $110,000.00