A relaxing day on a Metro Detroit beach turned into a nightmare when our client, a woman sunbathing near the shore, was run over by a commercial ATV. This was no mere accident; it was the direct result of a rental company’s profound and calculated negligence.
Our investigation revealed a shocking disregard for safety. The company had illegally modified the ATV, adding a custom-built wooden rack to carry more umbrellas than the vehicle was designed for. This rack was so large and overloaded that it completely obstructed the driver’s forward visibility. The person they tasked with operating this dangerous machine on a crowded beach was a 17-year-old employee with no formal training, who admitted he’d never even read the ATV’s operating manual.
This blatant recklessness constituted negligent entrustment and created a hazard for every person on that beach. We took sworn testimony from the company owner, who admitted to rigging the vehicle and directing the teen’s work. Lifeguards and other eyewitnesses confirmed the dangerous setup and reckless driving. The victim suffered a head injury and lost consciousness, requiring emergency responders to backboard her from the scene.
We built an ironclad case for liability, demonstrating that the company’s decisions made this injury not just possible, but inevitable. Faced with overwhelming evidence of their gross negligence and the prospect of a massive jury verdict far exceeding their coverage, their insurance carrier tendered the full $1,000,000 policy limits to settle the case before trial.