Question

Two twelve-year-old boys were seriously injured when riding on a go-kart. The boys were riding on public streets, ran a stop sign, and were hit by a car that did not see them. The go-kart had clear warning labels on the sides stating that it was only for off-road use only. The manual stated the go-kartnot to be used on public streets. The parents sued the go-kart manufacturer. One basic issue in this case would be:

a. whether the parents failed to adequately supervise their children when using a dangerous product.
b. whether a manufacturer liable when children are injured while riding one of its mini-trail bikes on a public road in violation of manufacturer and parental warnings.
c. whether the children, as twelve-year-olds, should have known that riding a go-kart on the street was illegal and could result in injury.
d. whether it unethical to make products like go-karts that will be used by children, when the manufacturer knows that accidents like this will happen.

Answer 1

One basic issue in this case would be:

b. whether a manufacturer is liable when children are injured while riding one of its mini-trail bikes on a public road in violation of manufacturer and parental warnings.

Step-by-step explanation:

Since the parents of the children sued the manufacture of the go-karts, the issue would be to determine whether a manufacturer is liable when children are injured while riding one of its mini-trail bikes on a public road in violation of manufacturer and parental warnings.

Since according to the law, a twelve year old is still a minor and thus should be under the guidance of a parent or a guardian. The twelve-year-old boys can therefor not be liable for their actions. The liability has to fall on and adult who was supposed to be responsible for the children. In this case, there are only two types of adults that were present, namely; the manufacturer and the parents, but since it is the parents that sued the manufacturers, the basic issue for the court would be to determine whether a manufacturer is liable when children are injured while riding one of its mini-trail bikes on a public road in violation of manufacturer and parental warnings.