Dori moved back to her father’s rural home to help care for him after he was diagnosed with cancer. Her father kept an all-terrain-vehicle (ATV), which he had modified so the driver could swift from two-wheel-drive to four-wheel-drive.
Dori’s brother taught her to drive the ATV, apparently without teaching her how to shift to four-wheel-drive.
Dori had been driving the ATV about four months when one snowy morning she lost control on her father’s property and broke her leg. She eventually sued her father’s estate claiming various theories of negligence.
She argued that her father had given inadequate instruction on using the ATV, particularly in failing to mention the two-wheel-drive/four-wheel-drive modification. She retained an expert, who concluded that two-wheel-drive operation caused loss of control.
Dori also argued failure to warn of a dangerous condition. Her father’s driveway had a guardrail on one side, but not the other. For this and other cited reasons, Dori’s expert concluded that the driveway gave a “false sense of security.”
The trial court dismissed Dori’s claims. She appealed, and lost on appeal.[1]
Many assume that if they are injured on another person’s property then that person or their insurance have to cover the injury claim. It is not that simple. Even though there was no question she was on her father’s land, neither Dori’s father, his estate, nor his insurance company had to pay her anything—not even medical bills—for her injury.
If you are injured on another’s property you should have an attorney evaluate your personal injury claim as soon as possible.
by personal injury attorney Travis Scott Eller
[1] Cardon v. Estate of Bredesen, unpublished (July 2, 2015 No. 32085-5-III).