child almost killed

[Robin Hood]

Please do not listen to the people that say it’s your fault. You should definitely take legal action against the tour operator and the hotel for not informing you correctly on safety aspects of the ride.
I am Mexican and know first hand how some of these tour operators bypass safety requirements in order to lower their costs. To operate an off road all terrain vehicle (ATV) in the state of Jalisco you must be at least 15 years old and have motorcycle rider’s licence. Tour operators can rent the vehicles to unlicensed operators as long as they are instructed on the use of such vehicle and all safety issues involved, also there must be an approved track to be used. ATV can not enter public roadways, streets, or alleyways under no circumstances. Helmet and safety goggles must be worn at all time, this also applies to second rider if operator is carrying a passenger.
Basically before getting on the ATV the operator should have instructed your daughter on the use of the vehicle, given full safety talk, provided helmet and goggles, and show map of track or markers marking the path. If ALL of the above was not done then you have a good legal case.
I recommend you seek legal advice in your home country on how to deal with the Mexican legal system, someone should be able to provide you with an understanding on what is need to pursue the case and provide you with contact numbers of lawyers in the area of Puerto Vallarta.
Unfortunately the law does not require shop owners to have safety glass installed; otherwise you would also have a good case there.
Once again do not listen to people that say this was your fault, obviously you trusted what they told you and that’s what caused this problem, not irresponsibility from your part! The rule of thumb in Mexico is do not trust what anyone says, always inform your self before agreeing on something, if not sure just stay away from it. Of course not everyone is dishonest and you can find people that will go out of their paths to help you out but unfortunately they are the minority, specially in a money hungry city like Puerto Vallarta.

[webmaster]

You live in BC, Canada?

Curious,

Mogens

[Travelin' Theresa]

I'm assuming that with cuts to the temporal arteries and lacerations all over her head that you allowed your child to ride a motorized bike without a helmet. Why you allowed the ride to even start without one is beyond me. Slow or fast rate of speed. You have to admit , part of the blame lies with the parent for allowing the child to ride alone and without a helmet in the first place.

[EricHagen]

And you're right, Mexico is not the good ol USA, and we basically have no rights there.

I want to address this.

In the story you shared, you have MORE rights than any American. Your 15 year old would not have been allowed to drive on the street in the United Staates. In Mexico, you, as a parent, were given the RIGHT to choose whether your child does that. I think that is a great thing! Please don't read this the wrong way. I feel very bad for your child. I have a 13 year old boy and I understand. However, my 13 year old has ridden ATVs dozens of times. I taught him gradually, from riding with me, to driving while i kept my hands on the brakes until he could be responsible enough to drive it alone. He knows the limits and he understands the vehicles can tip over and lose control and high speeds. When we ride with friends, he is often the one who approaches the group and says "hey guys, that turn you made back there was probably too fast to be safe"

this is because we taught him to be safe and aware of his own saftey.

Freedom is NOT having saftey imposed upon you. I was very upset that he was not allowed to drive an ATV the last time we went on vacation - he was prohibited from doing so by local laws. That is not freedom.

As his guardian, I made the decision to allow him to ride the ATV because I know he damn well understands how to ride one safely, but was told I did not have the rights ot make that decision.

Rights is being allowed to do things, not arbitrarily told not to do things because someone ELSE couldn't handle it.

No disrespected intended.

America has lost that. "Having someone watch out for your Saftey" isn't a *right*, it's a restriction.

Eric

[webmaster]

And you're right, Mexico is not the good ol USA, and we basically have no rights there.

In the story you shared, you have MORE rights than any American. Your 15 year old would not have been allowed to drive on the street in the United States. In Mexico, you, as a parent, were given the RIGHT to choose whether your child does that. <snip> America has lost that. "Having someone watch out for your Saftey" isn't a *right*, it's a restriction.

Interesting turn in the discussion, I have to say, having lived in Denmark for 5 years, that I do appreciate (at times) when the state (country) takes some of the burden of decisions off your back and imposes an informed way of doing things. And then I remember once when I went to visit my father, living in Bremerhaven Germany at the time, we were walking on the outskirts of the town we came upon a small lake where a dozen or so people were windsurfing, me being a vet windsurfer at the time (with 12 years of experience) noticing the whitecaps on the small lake (not less than 25 knots of stable wind... cool!), felt compelled to enjoy a short sail. I approached the guys that were renting the equipment and inquired on prices. He immediately said: "I need to see your windsurfing permit" - (:shock:) I said I was a tourist on a short visit and obviously had no permit. He said I couldn't sail. I said, hey, let me get on the board, I'll sail 20 meters and turn back and you'll see I can windsurf even better than those guys out there. Nope, the permit, they said. The H*LL with you I said!

Anyway, my point is there are extremes for everything, too much freedom and too restricted, we need to find a middle way. No? Sometimes people are not qualified to make decisions, sometimes they are, how are we to determine who's who?

Greetings

Mogens

[stew]

I must agree that there is way too many regulations in this day & age. The other side is all the litigation resulting from accidents. I have no problem with one riding a bike without a helmet, but then I do not want to pay for their care. I frankly do not know the answer. Our local park district just past a law that NO ONE can ride a bike in Any park with out a helmet, Where does it end?

[GEsailor]

Hi,
I'm really sorry about your child getting injured while driving in PV on an ATV.
Unfortunately, I must agree with others, however, and say that I would never let any child of mine do that there or elsewhere. Mexico is a totally different country in all aspects of their culture and life. Why tourists continue to do these activities when not properly trained, certified, licensed, whatever, is beyond me. In many instaces, the drivers can't legally drive in the states but they think they can still handle these machines when in a foreign country. We were in Cabo a few years back and took a swim with a scuba tank in the pool. That was fun but then they offered for $150 USD to take us up the coast to go diving in the Sea of Cortez to see the manta rays. I declined not because I didn't want to go but because I knew I wasn't properly trained nor certified in scuba diving. Yet, many other newbies went along with this young couple. Personally, I'd rather stay at the resort than take a chance like that for me or any member of my non-scuba family.
I love Mexico but unless you try to speak some of the language, understand that amusement parks get their equipment used from the US and generally needs repair, that tow boats and ropes breakdown, that ATV's need adult supervision on protected areas (river beds, beaches, etc), etc, etc, tourists will continue to "accidentally" get themselves in jams that cause injuries and often death, than it's a risk they must learn to take. It really doesn't matter what country you're in either. To knock the country, city, vendor for a slip of commonsense is not acknowledging the reality of the situations people get themselves into.
I've lived in PV, have traveled and driven to PV several times, and probably visited the country over a 100 times in the last 10 years and have never had a problem.
Thanks
Ge sailor

[dardal]

WHY IS A 15 YEAR OLD KID DRIVING A MOTORIZED BUGGY? IAM NOT SURE ABOUT USA BUT IN CANADA YOU HAVE TO BE 16 TO DRIVE, AND THATS WAY TO YOUNG. WHY ARE U PUTTING BLAME ON SOMEONE ELSE WHEN YOUR THE PARENTS THAT PAID FOR HER TO BE IN THAT GO KART BUGGY THINGY. FOOD FOR THOUGHT

Wow!! I don't think she is putting the blame on everyone else, she has explained herself and what her intentions are. She just put this out there so that other people, like myself, could make the decision to walk away. I am so glad that you told us about your terrible accident, so that we are now aware of what could happen, and she made it clear that she should not have let her daughter ride, and that it was a poor decision on her part. I am very sorry that this horrible thing has happened to your daughter, and thankyou for making me aware of things that can happen while in Mexico. I shall be careful.

[sdonn1020]

I sorry to her about the bad accident that child had. I am a father of a 10 yr old girl anything she wants to do iI check out my self if there is risk involved(Of course within reason because life itself is risky). Most motrized vehicled pose a danger. If my daughter wanted to rent one, I would not take the word for someone who sell tickets and most likely hasn't taken the tour. The best advice that I give anyone going to PV with your family (14trips myself) is look for family activities. Lastly I like to say most parents know what their children can handle horses yes ATV no!

[Plus4]

story is just about a year old.
The family paid the price.
Perfect we all are ...right!!

[thompsonwayne1]

I would be real careful about trying to sue those people in Mexico. Not because you don't have a good case but because the lawyers would probably try to get as much money out of you as possible with no guarantee about anything. And even if you won do you really think you could collect any money?
If you decide to sue get a lawyer that will work strictly on contingency. Don't put a dime of your own money into it. I think you would have better luck spending your money on lottery tickets.
I'm sorry to hear about your daughter.