PERSONAL INJURY: Superior Court holds that a Connecticut statute governing the sale of all-terrain vehicles does not create a private right of action

A 14-year-old plaintiff was riding an all-terrain vehicle (ATV) with a friend of the same age when the friend lost control of the ATV and crashed, causing the plaintiff to suffer serious injuries.

The plaintiff sued the defendant ATV dealer, claiming that that the defendant violated Conn. Gen. Stat §14-390f, the Connecticut statute governing the sale of ATVs) by selling the ATV to the friend’s father when it knew that the ATV was being purchased for use by the boys and did not warn the father that the ATV was to be used only by persons 16 years of age or older.

The trial court granted the defendant’s motion to strike, holding that §14-390f does not create a private right of action.

Monaco v. AFR Enterprises, CV16-6029103 (8/16/17)