Product Liability and ATVs: Can Manufacturers Be Held Accountable?

Driving an all-terrain vehicle (ATV) is a fun way to experience the outdoors. You can ride an ATV for recreation or sport or get around in the backcountry. Most riders operate their ATVs and other off-road vehicles with no problems. However, some ATVs seem more dangerous than others. There may be a dangerous ATV on the market, and the manufacturer didn’t warn consumers.

Product liability laws allow injury victims to recover damages for injuries caused by a defective product. If you get injured in an ATV crash, talk to an experienced ATV accident attorney to find out about your legal options.

What Causes ATV Accidents?

According to the Consumer Product Safety Commission (CPSC), more than 112,000 injuries were associated with off-highway vehicles (OHVs) in 2020. ATVs accounted for three-fourths of all fatal OHV accidents. Common causes of ATV accidents include:

• Reckless riding
• Overturning
• Collisions
• Occupant ejection
• Impaired riding
• Defective ATV parts

Who Is Responsible After an ATV Accident?

Many ATV accidents are the result of rider error. Riders can go too fast for the conditions or show off to friends. Some accidents involve multiple riders on a single-rider ATV. Rider inexperience leads to many rollover accidents when riders don’t know how to handle the machine in a sharp turn.

Riders may be responsible for many ATV accidents. However, a defective product could be the cause of the accident. An ATV with an improper design may cause the machine to roll over more easily than other ATVs. Other manufacturing defects could lead to the ATV catching fire, putting the rider at risk of burn injuries. Defective electrical parts can result in engine failure or loss of power, increasing the risk of a crash.

When the product manufacturer puts out a dangerous product, they may be responsible when it causes injuries. With a product defect claim, multiple responsible parties face liability. The parties responsible in a product liability case can include:

• ATV manufacturer
• Distributor
• Wholesaler
• Retailer

What Is a Product Liability Claim for ATVs?

A product liability lawsuit holds the manufacturer accountable for defective ATVs and ATV parts. Unlike with a negligence claim, product defects are based on strict liability. You don’t have to show anyone was negligent in causing the ATV injury. You have to show that the ATV was defective as sold and caused the injuries.

There are three types of product liability claims:

• Manufacturing defects
• Design defects
• Inadequate warning defects

Manufacturing defects occur when there is a problem during the manufacturing process. For example, the manufacturer may have switched to a cheaper material that is not as strong as the intended part. A design defect means there is a problem with the product design. A warning defect involves failing to warn the consumer about the product’s risks.

How Do You Know an ATV Is Defective?

There have been many types of product defect cases and recalls involving ATVs. Some ATV safety recalls involve:

• Defective wiring
• Defective brakes
• Fire hazards
• Defective throttle
• Defective electrical systems
• Power steering malfunctions

You may not know if your injuries result from a product defect. In a product liability lawsuit, your personal injury lawyer will use an expert witness to explain the defects. The expert can explain how there was an alternative design that was safer and economically feasible. Experts in an ATV defect case may include engineers, manufacturers, and product safety experts.

What Damages Can You Get in an Off-Road Accident?

Barring any statutes of limitation, you can recover compensation for your losses if you or a loved one gets injured in an ATV accident. Damages in an ATV accident claim include:

• Medical expenses
• Loss of earning capacity
• Pain and suffering
• Property damage

How Can a Product Liability Lawyer Help?

If you file a personal injury claim against the ATV manufacturer, they will generally fight the claim to avoid liability. They may try to claim you were responsible for causing the accident. They could also claim you knew the risks of riding an ATV. The stakes go up if the injured party suffers a brain injury or other serious injuries.

A personal injury attorney can represent you in product liability litigation. They can negotiate with the insurance companies to get a settlement offer to pay for your losses. If necessary, your product liability attorney can take the case to court to get a jury award. Talk to an experienced ATV accident lawyer for legal advice.