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Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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My grandson was riding his motorcycle on a California Indian

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My grandson was riding his motorcycle on a California Indian reservation track. He collided with another rider who crossed in front of him and both riders went down. The other rider was looked at by a paramedic and walked off of the track. His father yelled at my grandson and my husband who took him there and called the police. Information was exchanged by my husband and the other father. He is threatening to sue us stating it will cost us $10,000 in lawyer fees. Are we responsible for our grandson and this accident. Waivers are signed before riding stating you ride at your own risk. My 12 year old grandson signed the waiver. It appears the father of the other boy signed his.

Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

California is a Contributory Negligence state. That means if a person has done anything to contribute to their injury then a settlement would be reduced based on that amount of contribution from the plaintiff

So while you can be sued, since the other child was also on an motorcycle and did not take precaution or act in a manner that would be reasonable for a person his age any settlement for injury would be reduced.

Customer: replied 3 years ago.
My question was are we legally responsible for my grandson or is it his legal guardians responsibility.

I apologize for the misunderstanding and thanks for the clarification

The responsibility is on the legal guardian.
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