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Is there basis for a law suit?

Mesa, AZ |

My 9yr old son was hurt while driving his electric go kart. This happened about 6 weeks ago. He was driving the go kart and reached down to hold onto the side bar. The side bar is right next to the tire and he grabbed that instead. We took hom to the emergency room within 5 minutes of the accident happening. He had 2 emergency surgeries that weekend and one more a month later. He ended up doing non repairable damage to his ring finger and pinky on his left hand. there is tendon damage to the pinky and nerve damage to both fingers. He had to have his ring finger and middle finger stitched together for a month while the skin grew back on his ring finger. he is starting physical therapy this week and will need plastic surgery when he is older to make his fingers look somewhat normal again.

Attorney Answers 5


  1. Best answer

    Based on your facts, it sounds like your son certainly has a colorable claim. The products liability laws in Arizona are fairly consumer friendly and you should consult with an Arizona attorney to discuss your options.

    Hamid Jabbar

    This answer is for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.


  2. You may have a products liability case or a negligence claim against either the manufacturer or the go cart track. You should consult with an attorney in your locale.


  3. Normally I won't answer questions posed from someone outside of CA because I am only licensed in CA. With that in mind, general negligence and product liability theories seem to apply. In terms of negligence, is it possible that someone who repaired the go kart removed a safety device that would have prevented your son's hand from grabbing the side bar? Further, as to product liability, there may be a defect in the design of this particular go kart which could implicate liability on the part of the manufacturer, designer, parts component manufacturer, etc. Quickly get yourself to an attorney who handles product liability matters. If you do not know one or need a referral, please let me know.

    I'm very sorry to hear what happened to your son and I hope that you will be able to find redress for his injuries.


  4. Unless you can show that the design of the go kart was faulty, that is, it was foreseeable that someone like your son would reach down and grab the tire, there may be no claim. Clearly, your son has had a terrible injury and is suffering greatly. However, before you get to the question of damages or injuries, one must be able to show wrongdoing or negligence on someone's part. Unless a new design change could have prevented a foreseeable event, then this sounds like an unfortunate accident. My best advice is to have an experience personal injury attorney research this matter for you. I wish your son a speedy recovery.

    Steven A. Schwartz
    Attorney/Partner

    JOEL H. SCHWARTZ, P.C.
    One Washington Mall, 16th floor
    Boston, MA 02108
    (617) 742-1170
    (800) 660-2270
    (617) 250-2072 fax
    sas@joelhschwartz.com
    www.joelhschwartz.com

    The information provided is based solely on the question and facts presented. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.


  5. I handle a lot of product liability cases and can say that you have a case worth investigating. I say investigating because the exact question you are asking is complicated. It will likely require the opinion of at least one engineer. There are many good product liability attorneys in AZ. Speak to someone soon.