Child ATV Injuries: A Preventable Crisis
Children are disproportionately represented in ATV injury and death statistics. According to the CPSC, children under 16 account for approximately 25% of all ATV-related deaths and an even higher percentage of ATV-related injuries nationwide. The AAP (American Academy of Pediatrics) has long recommended that no child under 16 operate an ATV, regardless of the vehicle’s engine size or the child’s experience level. Despite these warnings, children continue to ride ATVs — often adult-sized machines — across Georgia and South Carolina, with devastating consequences.
At Roden Law, our child injury and ATV accident attorneys represent families whose children have been injured or killed in preventable ATV accidents. These cases are deeply personal to our team, and we pursue every available legal avenue to hold responsible parties accountable and secure the resources these families need.
Georgia & South Carolina Child ATV Laws
Georgia’s ATV statute (O.C.G.A. § 40-7-120 et seq.) establishes age-based restrictions for ATV operation. Children under 16 are prohibited from operating an ATV on public land unless they have completed an approved ATV safety course. The law also restricts children from operating ATVs with engine sizes that exceed age-appropriate limits established by the CPSC. Parents and guardians who knowingly permit a child to violate these restrictions may face both criminal penalties and civil liability.
South Carolina’s off-highway vehicle statute (S.C. Code § 56-15-10 et seq.) similarly restricts minor ATV operation and requires parental supervision. Under both states’ negligence laws, adults who provide an age-inappropriate ATV to a child, or who fail to supervise a child’s ATV use, can be held liable for resulting injuries under negligent entrustment and negligent supervision theories.
Who Is Liable for Child ATV Injuries
Child ATV injury cases often involve multiple responsible parties:
- Parents and guardians: Adults who permit children to operate ATVs without proper supervision, safety training, or age-appropriate equipment may be liable for negligent supervision and negligent entrustment
- Property owners: Landowners who invite or permit children to ride ATVs on their property without adequate safety measures, warnings, or supervision
- ATV manufacturers: Companies that produce and market ATVs to minors or fail to include adequate warnings about age restrictions and dangers (see ATV product defects)
- ATV rental and tour operators: Businesses that rent ATVs to minors or allow children to participate in guided tours without proper safety equipment (see ATV rental and tour accidents)
- Other adult operators: Adults operating ATVs recklessly in areas where children are present, or adults carrying child passengers on single-rider ATVs
The Danger of Adult-Sized ATVs for Children
The CPSC has established age-based engine size recommendations: under 6 years old — no ATV use; ages 6-11 — engine displacement under 70cc; ages 12-15 — engine displacement under 90cc; ages 16+ — any engine size with proper training. Allowing a child to operate an adult-sized ATV (250cc, 450cc, or larger) dramatically increases the risk of loss of control, rollover, and fatal injury. The child simply lacks the body weight, strength, cognitive development, and reaction time to safely control a powerful machine.
Wrongful Death Claims for Child ATV Fatalities
When a child is killed in an ATV accident, surviving parents may pursue a wrongful death claim under Georgia’s wrongful death statute (O.C.G.A. § 51-4-1 et seq.) or South Carolina’s wrongful death statute (S.C. Code § 15-51-10 et seq.). These claims seek compensation for the full value of the child’s life, including the loss of the child’s future companionship, guidance, and society. Georgia also allows a separate survival action for the child’s pain and suffering before death.
Damages in Child ATV Injury Cases
Recoverable damages in child ATV injury cases include all past and future medical expenses, including surgeries, hospitalization, rehabilitation, and any needed adaptive equipment; pain and suffering; permanent disability and scarring; loss of future earning capacity; emotional trauma and PTSD treatment; and in fatal cases, wrongful death damages. Georgia’s statute of limitations is generally 2 years (O.C.G.A. § 9-3-33), while South Carolina allows 3 years (S.C. Code § 15-3-530). Special tolling rules may extend these deadlines for minor children.
Why Choose Roden Law for Child ATV Injury Claims
Child injury cases require compassion, thoroughness, and an unwavering commitment to accountability. Our attorneys have extensive experience with catastrophic child injury claims and understand the unique legal and emotional dynamics involved. We work on a contingency fee basis and advance all case costs — your family pays nothing unless we secure a recovery.