The Ontario Appeal Court has ruled that parents can be held partially liable for injuries caused by the negligent operation of an all-terrain vehicle (ATV) when they allow their adult child to transfer control of the ATV to an inexperienced driver.
This decision came after a serious ATV crash in 2014 in which a young woman sustained a severe brain injury while driving on a dirt road in Prince Edward County.
The court found that the negligent transfer of care and control of a vehicle to an inexperienced driver falls under the definition of "negligence in the operation of a motor vehicle" in Ontario's Highway Traffic Act (HTA). This ruling overturns a previous decision that absolved the ATV owner of liability for the injuries sustained by his son's girlfriend.
The incident occurred when the owner allowed a girl named Megan to drive the ATV back to the farmhouse where they were staying. The young driver had no prior experience operating an ATV and did not have a driver's licence. The ATV ultimately collided with a tree, resulting in serious injuries to the girl.
The appeal court's ruling emphasizes the importance of responsible vehicle operation and highlights the legal implications of allowing inexperienced individuals to operate motor vehicles, even with the owner's consent.