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.
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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.
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
JOEL H. SCHWARTZ, P.C.
One Washington Mall, 16th floor
Boston, MA 02108
(617) 250-2072 fax
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.
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.
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