liability issue

[dellanpro]

What is the name of your state (only U.S. law)? texas
My truck was hit by a runaway golfcart.Here is how it happened. The owner of the golfcart let his son borrow his golfcart to visit a relative that lives across the street from my residence. He took his six year old niece with him and left her in the golfcart unsupervised while parked at the relatives house. She released the parking brake and the golf cart rolled across the street into my parked truck .(on my property). The owner of the golf cart tried to file on his homeowners and was denied . My question... who is liable for the damages to my truck($674)?

 

[ecmst12]

The owner of the cart, possibly the parent of the little girl and/or whoever was supposed to be supervising her when this happened.

 

[dellanpro]

ok

So you named all three possibles . Who should pay up? It looks like I going to have to take someone to small claims court but.... I have to name the correct defendent .... any body else....:

 

[ecmst12]

Sue them all, let the judge sort it out.

 

[JustAPal00]

The parent of the small child who left her in the cart should pay.

 

[justalayman]

.. I have to name the correct defendent .... any body else....:

correct and at least one of those 3 is the correct defendant. If the others have no liability, the judge will release them as defendants.

how old is the kid that was using the cart? Depending on his age, it is likely that either he or his father is the liable party.

 

[ecmst12]

The cart-owner's son had care of both the cart and the child at the time, so I don't think it's beyond the realm of possibility that he is liable.

 

[justalayman]

The cart-owner's son had care of both the cart and the child at the time, so I don't think it's beyond the realm of possibility that he is liable.

depends on how old the kid is.

 

[ecmst12]

She's 6, according to the post...

 

[justalayman]

She's 6, according to the post...

not that kid. the kid that was driving the cart. The 6 yo was the drivers niece.

 

[dellanpro]

it got worse

The driver of the cart is 35 years old .He is the owner's (of the golf cart) son.
It is one big messed up family that continues to point the finger away from each other.
Did I mention that the 6 year olds mother is unemployed and her husband just got released from prison.No money there at all.Suing a turnip would be more profitable.

 

[justalayman]

the driver of the cart is probably liable but if a suit is filed, the driver, the child, and the parents of the child should be included. If at this house, there was anybody that was watching the child, them as well.

then, to include everybody; add the manufacturer of the cart for not making it child proof.

 

[dellanpro]

trying

Thanks for the input. I also believe the driver is liable,but he is also deferring blame to the six year old. Saying her mother should have to pay damages.
Food for thought......If I loan my "car" to anyone and they cause damage to anyone else's property....who is responsible. The owner of the car.
I am definitely learning a lot about our society as a whole, at the expense of a truck bumper.....I'll keep ya'll posted.:

 

[dellanpro]

Thanks for the input. I also believe the driver is liable,but he is also deferring blame to the six year old. Saying her mother should have to pay damages.
Food for thought......If I loan my "car" to anyone and they cause damage to anyone else's property....who is responsible. The owner of the car.
I am definitely learning a lot about our society as a whole, at the expense of a truck bumper.....I'll keep ya'll posted.:

An old college proffessor once told me " 20% of the people do 80% of the work" I'm now 47 years old and I understand completely.

 

[Zigner]

Thanks for the input. I also believe the driver is liable,but he is also deferring blame to the six year old. Saying her mother should have to pay damages.
Food for thought......If I loan my "car" to anyone and they cause damage to anyone else's property....who is responsible. The owner of the car.
I am definitely learning a lot about our society as a whole, at the expense of a truck bumper.....I'll keep ya'll posted.:

This is not a car...you'll find the liability rests squarely on the shoulder of the person who left the 6 year old unsupervised.

But, I do agree with "Sue them all and let the court sort it out"