Jackson ATV Accident Lawyer
The U.S. Consumer Product Safety Commission reports that between 1982 and 2016, more than 15,000 people died in ATV-related accidents. Over 3000 of those fatalities were children. Over 1,200 were children under the age of 12. In 2015, there were nearly 100,000 injuries that required emergency treatment related to ATV accidents.
While ATVs remain dangerous, that is part of the allure and those who purchase them accept some risk. However, if the ATV is defectively designed, has a manufacturing defect, or the manufacturer of the ATV failed to warn customers about a potential danger, you can file a lawsuit against the ATV’s manufacturer. In this article, we’ll discuss ATV lawsuits and how our Jackson ATV accident lawyer can help.
Product liability lawsuits
A recent product liability lawsuit involves a Maxtrade ATV that is marketed to children. Several injuries have occurred to customers (now plaintiffs) who have filed lawsuits against the company and claim the mini-ATV goes too fast for children. The Maxtrade Coolster has since been pulled from the shelves after a recall. The Consumer Product Safety Commission noted that the vehicle exceeds the maximum recommended safety limit for AVs marketed to children as well as other safety problems.
Other negligence lawsuits
Lawsuits can be filed against other ATV drivers in cases where they negligently cause someone else’s injury. It’s important to note, however, that ATV drivers are not required to pass a driving test or have insurance. While it’s distinctly possible to sue another ATV driver who injures you, that money will be extracted directly from their estate, if the action has merit and succeeds. In cases where a defendant does not have enough assets against which to sue, you may be left in the lurch. Nonetheless, such lawsuits do occur and are permitted to move forward. The trouble is collecting on the debt owed.
Who is liable in an ATV accident?
ATV accidents are similar to boating accidents. Operating an ATV under the influence of drugs or alcohol is illegal. Operating your ATV in a manner that is likely to cause harm to others is illegal. If someone causes a serious injury to another person while operating their ATV negligently, they are responsible. All ATV operators owe those in their immediate vicinity a duty of care to ensure they are operating the vehicle safely so as to avoid injury.
When an ATV has a design defect, a manufacturing defect, or a potentially dangerous feature that the customer was not made aware of, the company that manufactured the ATV is responsible for any injuries their vehicle causes.
Talk to a Jackson ATV Accident Lawyer Today
If you’ve been injured in an ATV accident, call Keith B. French Law, PLLC today to discuss the matter with a trained litigator. We can determine whether or not the ATV manufacturer is responsible for your injuries and pursue a lawsuit if appropriate. Call today to schedule a free consultation and learn more about how we can help.
