Feldman, Kronfeld & Beatty Law Blog

Monday, May 2, 2016

Go-Kart Injuries are Especially Hazardous to Children

A go-kart injury can change your life. According to the U.S. Consumer Product Safety Commission, between January 1, 1990 and December 31, 1999, there were 113 go-kart-related deaths to children under 15 years old, 2 of which were in New York. The major hazards associated with the go-kart incidents were collision with a stationary object, collision with a moving vehicle, or a loss of stability. The most at risk of go-kart injuries are male children. When go-karts hit stationary objects or moving vehicles and cause injuries, they’re generally in amusement parks or recreation complexes. When go-karts tip or turnover, slide, or skid, the go-karts are generally on private property, demonstrating that when a go-kart turns over, slides, or skids in an amusement or recreation complex, it is an unusual chain of events. When a fatality strikes, it is usually due to head or neck injuries.

It is difficult for those who have been injured in go-karts to seek recovery in New York courts. Just recently, a Second Department Appellate Division case ruled that, under the doctrine of primary assumption of the risk, the plaintiff assumed the risks inherent in driving a go-kart, including the risk of sustaining injuries. In the First Department, a court ruled that in riding a go-cart, the plaintiff assumed the risks inherent in the activity, including the risk that the go-cart would bump into objects. Including the risk that vehicles racing around the track may intentionally or unintentionally collide with or bump into go-karts. Even when the go-kart track is designed to be intentionally slick in areas of the course, especially in the curves, in order for the go-karts to slide, the plaintiff assumes the risk of his or her injuries.

Therefore, it is very difficult to recover against the owners or operators of a racetrack when a loved one is hurt or killed in a go-kart accident. It is important that, if you or a loved one is hurt in a go-kart accident, that you contact experienced personal injury attorneys immediately who can work on an important case like yours. The experienced motor vehicle and go-kart injury attorneys at Feldman, Kronfeld & Beatty are available at (212)425-0230 or at for a free consultation.

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