Since Japan’s introduction of the All Terrain Vehicle (ATV) to America in 1970, the burgeoning demand for ATVs has caused a manufacturing frenzy among companies to build faster and more powerful machines. Some manufacturers have placed earnings over consumer safety by designing or manufacturing ATVs at minimal cost to the company, using inferior materials. When a person is injured as a result, they should seek the help of a Birmingham ATV accident lawyer.
According to the U.S. Product Safety Commission, approximately 90,000 people a year are injured, and 120 people killed, in ATV accidents in the United States. Tragically, Alabama lost 244 of its own citizens in ATV fatalities between 1982 and 2009.
Over half of all ATV injuries and deaths occur in children under the age of 16. Many fatalities occur when children ride large-model ATVs weighing up to 600 pounds or more. Although these models are meant for adults, and can travel up to 60 M.P.H., the lure for children is often irresistible.
Although driver negligence is often a factor in any quad or dirt bike accident, the defective design or manufacturing of an ATV can lead to life-threatening roll overs and lethal injuries in people of any age.
Between 1996 and 2011, the U.S. Product Safety Commission issued 92 consumer product recall alerts for all terrain vehicles manufactured by 21 companies. ATVs have been recalled for fire, crash and loss of control hazards due to flaws in steering mechanisms, brakes, throttles, suspension systems, tires and other design or manufacturing defects.
Although ATV manufacturers discontinued the production of three-wheelers in 1987 because of safety concerns about product instability, the manufacturers refused to recall the remaining 2.4 million vehicles. Some of these defective three-wheelers are still in use today.
Although many manufacturers voluntarily issue a product recall, other recalls are issued by a government or regulatory agency. Regrettably, some recalls arrive too late to prevent injury or death in some individuals.
Companies that produce ATVs or ATV accessories have a duty to warn consumers about inherent dangers associated with the products. Dangers or hazards must clearly be listed on the product label or owner instruction sheet. A consumer has the right to sue an ATV manufacturer for “failure to warn,” if the company knew of a vehicle hazard and failed to warn the consumer about it.
We help clients who have sustained traumatic injuries in an ATV roll over accident due to the negligence of a manufacturer. Victims frequently suffer serious trauma, such as:
If you have lost a spouse, child or family member in an ATV accident and wish to file a wrongful death/product liability lawsuit, the Alabama ATV accident attorneys at Wininger Law Firm, LLC, have a proven track record of winning significant wrongful death suits against negligent product manufacturers.
We take a firm stand against companies who fail to warn or to safeguard consumers against defective or poorly designed products. Call 888.808.INJURY for a free evaluation with a compassionate 4 wheeler roll over attorney, Alabama.