Lawsuits Against Hog Waller ATV Park May Be Enjoined By Liability Waivers
Two plaintiffs have filed personal injury lawsuits against Hog Waller Campground and ATV Resort after four people died on the campgrounds including a 7-year-old boy. Hog Waller has been the scene of multiple serious accidents since it reopened in 2019. In July 2021, a 65-year-old man from Citrus Springs was killed there and in June 2019, a 31-year-old man was killed.
One of the lawsuits was filed by a plaintiff who says she was permanently injured in an accident at Hog Waller on March 3. According to the lawsuit, negligence by Hog Waller caused the accident which led to the plaintiff suffering “loss of capacity for the enjoyment of life”, medical expenses, and pain and suffering damages of both a physical and mental nature.
Another lawsuit, which was filed on behalf of a different plaintiff, states that the plaintiff was struck at high speed on New Year’s Eve 2022 by someone who was under the influence of alcohol while they were operating the ATV. According to this lawsuit, Hog Waller was negligent for failing to warn customers about the risks associated with people driving their ATVs under the influence on their property. The lawsuit also alleges that paths, trails, and mud bogs within the recreational area are unreasonably dangerous and result in collisions.
Both of the lawsuits filed by the plaintiffs are requesting more than $50,000 in damages.
Liability waivers and personal injury lawsuits
While the Florida Highway Patrol is still investigating the death of a 7-year-old boy at the ATV park, his parents are wondering if they can file a wrongful death lawsuit against the company. The 7-year-old was killed while riding an ATV at Hog Waller marking the fourth death at the park since 2019.
According to Florida Highway Patrol, the boy was riding on the back of an ATV when the driver made a sharp turn and caused the vehicle to flip over. The child was not wearing a helmet at the time of the accident.
The story sparked controversy on social media with some calling for the closure of Hog Waller while others rushed to its defense. Hog Waller requires adults to sign liability waivers for their children. In this case, there is actually a separate liability waiver parents are required to sign for their children. The waiver waives liability even in cases of negligence where a death or serious bodily injury occurs.
The waivers only work in court if they are enforceable. But they may very well be. Parents who sign such waivers may be signing away their right to sue on their child’s behalf if they are seriously injured or even killed.
Talk to a Jacksonville, FL Personal Injury Lawyer Today
Gillette Law represents the interests of plaintiffs in personal injury lawsuits filed against negligent companies. Call our Jacksonville personal injury lawyers today to schedule an appointment, and we can begin discussing how you could recover damages related to your medical expenses, lost wages, and reduced quality of life.
Sources:
firstcoastnews.com/article/news/local/two-lawsuits-claim-negligence-caused-accidents-palatka-atv-park/77-cd8349d8-c2ce-440d-9b9a-62b353c859a5
firstcoastnews.com/article/news/local/whos-liable-hog-waller-requires-parents-to-sign-waiver-deadly-crash-7-year-old-killed-putnam-county-fhp-investigation/77-57684d61-6ff6-42a8-9f00-f6bcd11fb2f8
