A former member of a local band, Dallas Taylor, suffered what has been described as a horrific injury as a result of an all-terrain-vehicle (ATV) accident. The accident occurred last Tuesday (August 2nd) when Tayor was riding an ATV without a helmet and hit a sign. Taylor’s brother posted on Facebook information about his condition. On Tuesday night, Taylor’s brother stated that Dallas was still unconscious and had suffered “tons of broken stuff,” cuts or lacerations, internal bleeding and head injuries. The news report indicates that Taylor currently plays in a band called Maylene and the Sons of Disaster. The Ocala Star-Banner described his injuries as a brain bleed and a clot in his carotid artery.
ATV’s Are Considered Dangerous Instrumentalities In Florida
ATV accidents frequently result in serious injuries due to a combination of speed, instability, and a lack of protection for drivers or occupants. When an ATV accident happens, a good personal injury lawyer will look at different angles of potential legal liability, including whether the property owner should have either corrected or warned of a dangerous condition (premises liability) and whether there was a mechanical, manufacturing, or design defect on the ATV itself that can be linked to a cause of the accident.
In addition, ATV’s are considered “dangerous instrumentalities” under Florida law. This means that he owner of the vehicle is legally responsible for negligence committed by the driver where there is an injury to a third party. As such, the dangerous instrumentality doctrine also contemplates that the owner of the vehicle has a duty to warn any person he gives permission to drive the vehicle of known dangers of operating the vehicle. If the person seeking permission does not have the experience or maturity to operate the vehicle, then the owner of the ATV should refuse permission to use the vehicle.