A cause of action for a child’s injury due to an ATV accident may be initiated by the parents of the child. However, if a child’s parents sign a pre-release agreement limiting the liable party from liability there may be an issue as to whether the agreement is binding. Under Florida law, exculpatory provisions which attempt to relieve party of liability for his or her own negligence are generally looked on with disfavor, and Florida law requires that such clauses be strictly construed against party claiming to be relieved of liability. For example, a pre-injury release executed by a parent on behalf of a minor child is unenforceable against the minor or the minor's estate in a tort action arising from injuries resulting from participation in a commercial activity. Therefore, in a cause of action for negligence, the defendant could not bind the minor child's estate by the parent's execution of pre-injury release regarding child's activity of riding his all-terrain vehicle (ATV) at a sports park, since the release that parent signed on behalf of child constituted forfeiture of property right that uniquely inured to estate, and decision to absolve activity provider from liability for any form of negligence went beyond scope of determining which activity parent felt was appropriate for child.

If your child is injured by an ATV due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the injured child the compensation and justice he or she deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. You need an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.