Fina v. Hennarichs
19 So. 3d 1081 (Fla. 4th DCA 2009) (October)
A girl was riding a friend’s All-Terrain Vehicle (ATV) when she was thrown off and killed. The friend and the girl were both under the age of 16, and warnings on the ATV state that those under 16 should never use it. The friend’s parents bought him the ATV when he was 11 or 12. The girl’s father brought suit against the friend and his parents, alleging negligent entrustment amongst other causes of action. A jury found for the girl’s estate, finding each of the friend’s parents 35 percent responsible and the friend 10 percent responsible. The friend’s family appealed, but the district court affirmed holding that the friend’s parents failed to exercise reasonable care in giving the friend the ATV and that they set “an example of disregard” making future misuses of the vehicle foreseeable. It also found the fact that Florida had not made it illegal for someone under 16 to operate an ATV was insignificant and that the friend was negligent in allowing the girl to ride the ATV.