Go-kart’s seem like a fun activity, but what happens when these incidents cause significant injuries? In such cases injured parties need to immediately seek legal counsel to obtain recovery for the injuries they have suffered. If you have been injured you are entitled to recovery, here is what you should know.
Negligent Supervision by Go-Kart Company
What if the employee was negligent in his or her supervision of the track? Failure to properly keep watch and observe the activities on the track, can potentially lead to liability on behalf of the establishment. However, this is not always straight forward. If you want to pursue a claim for negligent supervision and overall lack of supervision must be demonstrated. When you have a manager or operator who employees undertrained parties to do the supervision, it can be grounds for negligent supervision. In other cases you may have an employee with a past record/history of actually not performing on the job. This can include drug or alcohol abuse on the job and or other issues. This can lead to a potential claim for injuries.
Common Accidents at Go-Kart Tracks
Go-kart accident can cause devastating injuries. This can include the following types of injuries:
1. De-gloving injuries;
2. Serious hand fractures;
3. Loss of limb;
4. Traumatic head or brain injuries;
5. Ocular or eye injuries;
6. Fractured nose;
7. Wrist injuries;
8. Hip or femur injuries
This is only a minor list of potential injuries that could be sustained as a result of such accidents. If you were hurt, make sure you seek immediate medical attention.
Waivers Issues and How to Go Around Them
Did you sign a waiver before riding a go kart? Waivers are usually required to be signed before you are permitted to race on a track. However, these waivers if signed, are not always full-proof. In fact you can pierce or go-around a waiver if you can show either gross negligence or a defective product issue. Gross negligence occurs when the Go-Kart company acts far below the normal standard of care. However, both of these require an extensive amount of discovery in order to determine whether the waiver will stand.
What if someone else caused my injuries?
It is possible that your injury was caused as a result of another negligence. Go-karting is a inherently dangerous activity and is contact heavy. However, this does not mean that another party can intentionally cause injury to you. In such cases you can pursue a claim against them for the injuries they have caused. If you were injured as a result of another negligence, you will be entitled to pursue a claim against them for the injuries. Additionally, you may have a separate claim against the managers of the facility if they knew the driver to drive recklessly, but still allowed him to ride in a group is grounds for a potential suit. However, if it necessary that there be some known prior information on the driver to pursue that avenue of litigation.
In other cases you may be able to pursue a claim for a defective go-kart. Products can be defective for a number of different reasons. This includes manufacturing, design and failure to warn issues. Each have their own specific guidelines to pursue a claim for damages. Manufacturing defects apply to an individual product, which was defective as a result of some error in the manufacturing process. Design defects are those that stem from a faulty or defective prototype. Failure to warn defects are usually labeling issues, which fail to warn a potential customer of non-obvious risks associated with the use of the product.