While some golf cart accidents are caused by the negligence or carelessness of another driver, other golf cart accidents are caused by the negligence of the golf cart manufacturer. In some cases, you may be able to bring a claim against the manufacturer either alone or in addition to a claim against another driver if you are able to meet certain burdens of proof. Here’s what you need to know.
The Golf Cart Had a Defect
You must first be able to prove that the golf cart had a defect. Perhaps the golf cart wasn’t built to specifications and was too top heavy, or the cart had poor quality, defective tires installed. You need to be able to show that there was a defect that should not have been present in a fully operational golf cart.
The Defect Caused the Accident
You also need to show that the defect in question directly caused the accident. For example, if the golf cart was built too top heavy and your cart rolled over when it should have simply stopped, this may be considered a direct cause of the accident. If the defect is not connected to how the accident occurred, your claim may be dismissed.
The Accident Caused You Injury
You need to illustrate that the accident caused you injury. This can be done by presenting doctor or hospital records, or by having a medical expert witness testify on your behalf. Sometimes it is clear that the accident caused the injury, such as in cases of traumatic brain injuries or broken bones, and other times it may not be as clear. For example, if you claim to have gotten whiplash from your golf cart accident, it must be ruled out that you did not have whiplash from any other accident or prior neck problems before the incident.
The Injury Caused You Damages
The last thing that must be proven is that you sustained damages from the injury. Medical bills, lost wages, property damages, and pain and suffering are all forms of damages that may be compensable in a golf cart accident lawsuit.
Injured in an Accident? Get Help Today
Golf cart accidents aren’t like other accidents — they typically require someone with a great deal of knowledge about the specifics of golf carts and how serious an accident can actually be. Contact Florida golf cart attorney Frank D. Butler today for more information by calling 1-800-253-2531.