guest causes property damage

[hts]

What is the name of your state? Washington

We had 4 couples and their children over to our home (all relatives). A 9-year-old got into our golf cart and drove it into the garage post. The parents say it is at least partially our responsibility. They claim the golf cart should not have been in our driveway with a key in it. We say it is up to each family to watch their own children, we can not be responsible for all of the children when their parents are here, too. Our insurance company says the party who did the damage is responsible. Who is legally responsible?

 

[JETX]

"Who is legally responsible?"
*** Both of you have at least SOME responsiblity. However, in my opinion, you have the higher level of responsiblity for leaving the the 'enticing' cart unattended with the keys in it. If it weren't for that, this incident would NOT have happened at all.

 

[hts]

I was actually hoping for legal advice, not a random opinion.

 

[I AM ALWAYS LIABLE]

I was actually hoping for legal advice, not a random opinion.

My response:

That was good, solid, legal opinion. If it were wrong, in any respect, we would have made corrections. But, it's a correct opinion, plain and simple.

What you're actually saying by your comment, however, is "I was looking for something in the law that would exonerate my own negligence."

Well, that isn't going to happen. The fact is, you created an "attractive nuisance", and now you're on the hook - - whether you like it, or believe it, or not.

IAAL