ATV Product Liability
All-terrain vehicles (ATVs), also known as quads and four-wheelers, are very popular in the United States. Not only are they fun to ride, but they also help with farming, hunting, camping, transporting materials, and even plowing.
Despite their advantages, ATVs can be quite dangerous. Sadly, between 1982 and 2017, more than 15,000 people lost their lives in ATV-related accidents. Tens of thousands more suffered nonfatal injuries.
Although sometimes ATV accidents are the result of operator error, that’s not always the case. In fact, the manufacturer may be to blame if, for example, they cut corners to keep costs low and put out a defective product.
If you were injured in a four-wheeler and suspect the manufacturer may have contributed to your injury, Morgan & Morgan is here to help. We offer free, no-risk case evaluations, so contact us today.
Types of ATV Accidents
Whether you use your ATV for work or pleasure, if it wasn’t designed or manufactured properly, you can get seriously injured. For example:
- The ATV can roll over due to defective wheels or poor weight distribution
- The driver can get pinned under the roll bar
- The operator can be fully or partially ejected
- The ATV can overheat and catch fire, causing burn injuries
- The suspension may be too soft to hold a hill
Rollovers are the most common cause of injury. When this happens, the driver can be thrown from the vehicle, or even crushed underneath its weight.
Common ATV Injuries
Because ATVs travel at high speeds and lack a protective enclosing, injuries can be devastating. Common types of ailments sustained include:
- Traumatic Brain Injury (if the driver’s head is impacted in a crash or rollover, they can sustain severe injuries ranging from a concussion to a skull fracture)
- Severe burns
- Broken Bones
- Spinal Cord Injury
- Nerve Damage
- Internal Bleeding
Recent ATV Recalls
Over the years, numerous ATVs have been recalled due to manufacturing and design defects. Notably, in 2017, the Consumer Product Safety Commission (CPSC) recalled 2,800 units of the Polaris Scrambler ATV, citing issues with the throttle release switch. A year earlier, the CPSC recalled about 7,000 Yamaha vehicles, likewise due to throttle safety issues.
Sadly, some recalls occur well after users have been injured.
Damages Available in ATV Product Liability Lawsuits
If you were injured in a defective four-wheeler, you may be eligible for damages in a product liability lawsuit, including:
- Medical expenses (e.g., hospital bills, surgery, medication, therapy, and rehabilitation)
- Lost wages if you can no longer go to work due to your injury
- Diminished earning capacity if you can no longer continue your current career path
- Pain and suffering for the physical and emotional pain you’ve endured
- Wrongful death if you are filing a lawsuit on behalf of a loved one who has passed
Contact an ATV Product Liability Attorney
Injuries resulting from a defective ATV can cause significant physical, financial, and emotional suffering. If you’ve been hurt or lost a loved one in an ATV accident, contact the product liability attorneys at Morgan & Morgan.
Schedule a free, no-obligation case evaluation today. There’s no risk to you: It costs nothing to hire us, and we get paid only if you win.