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Girl 6, Suffered Skull Fracture in Golf Cart Accident

Chris Russo Apr 26, 2010

Lakeland, Florida.  A young girl was critically injured in a golf cart accident in Lakeland.  The accident occurred when the electric golf cart hit a bump in the road on Chippendale Road in Lakeland, Florida.  Thereafter, the young girl fell out of the golf cart and struck her head on the pavement.  The golf cart was driven by the young girl's 17 year old sister at the time of the accident.  The 17 year was driving the golf cart near their home on Walt Williams Road.  The older sister immediately notified a neighbor who notified the child's mother.  The young girl was airlifted from the parking lot of Wendell Watson Elementary School to Tampa General Hospital, where she remains in critical but stable condition.  The young girl has already had several surgeries.  The young girl has so far experienced skull fractures and brain swelling.  The young girl only weighed 39 pounds and was a kindergartner at Rochelle School of the ARts.  The young girl is apparently small for her age and still wore todder-sized clothing.  The golf cart cannot exceed 15 miles per hour according to the father.  However, the golf cart did have oversized tires on it that make it higher than a normal golf cart.  The father said that the oversized tires contributed to the damage caused by the young girl's fall.  Apparently riding in the golf cart was one of the young girl's favorite activities.

In the State of Florida, golf carts are considered "dangerous instrumentalities."  As such, the owner of a dangerous instrumentality is strictly vicariously liable for the negligence of a person permitted to drive the golf cart.  However, notwithstanding the fact that golf carts are dangerous instrumentalities under the law, there is frequently no insurance for golf cart accidents because they are generally not designed or permitted to be driven on the roadways of Florida.  This legal distinction makes the difference between having insurance and not having insurance coverage under an automobile policy in Florida.  There are other possible theories of recovery in this accident, including but not limited to product liability claims agaist the manufacturer of either the golf cart or of the oversized wheels.  These product liability claims against either manufactuer may include a failure to warn against the danger to children and/or a failure to warn that  modification (a foreseeable misuse) may result in death or serious injury.  If you or a loved one has a question regarding a personal injury or wrongful death in the greater Central Florida area, including Lakeland, Winter Haven, Bartow, Haines City, Davenport, or Polk County, Florida, please contact a Lakeland personal injury lawyer with Moody Law to discuss your case today.  Oftentimes, you only have a limited amount of time to preserve evidence and/or to bring your claims under the law.  A consultation with one of our personal injury lawyers is free.

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