PALATKA, Fla. — The Florida Highway Patrol is still investigating the death of a child at a popular ATV park in Putnam County.
A 7-year-old boy was killed while riding an ATV at Hog Waller Campground & ATV Resort Sunday afternoon. This marks the fourth death at Hog Waller since 2019.
According to FHP, the boy was riding in the back of an ATV, when the driver made a sharp turn and flipped the vehicle. The child was not wearing a helmet.
This story sparked controversy on social media with hundreds of shares and comments on Facebook of people coming to Hog Waller's defense, or calling for its closure.
Some people were quick to point out that adults are required to sign waivers for their children.
Jacksonville Attorney Shannon Schott said these types of waivers are generally disfavored in court and they only work if they can be enforced. She took a look at Hog Waller's waiver, though, and said it could be enforceable.
“In this case, there was actually a separate piece of paper for children where the parents sign and waive liability, even in negligence where a death or serious bodily injury occurs, like was the case tragically here. So this is one of the waivers that could absolutely be upheld in court," Schott explained.
The ATV rental company on site, Forrest's Motorsports Rentals, also requires people to sign waivers before operating one of their vehicles.
Despite these protections, Schott said waivers only work if they are enforceable, and there are other ways to determine who may be responsible for an injury.
"Was there negligence on the part of on the part of Hog Waller? Was there negligence on the part of the company where they might have rented these vehicles that we know exists on the property? Again, it's extremely important for families to understand that if something like this happens, that they have to do an investigation," Schott said.
Hog Waller was open Monday and First Coast News was able to get on the property. An employee said they would not comment on what happened and would not answer any questions.