Tennessee ATVs Defects
All-Terrain Vehicles, or ATVs, are used for both recreational and rescue purposes, providing easy access to off-road areas. The rising popularity of ATVs for both work and play has unfortunately led to an increase in the number of accidents associated with those vehicles. In fact, ATV riding leads to thousands of injuries and fatalities every year. However, not all of these accidents are the fault of the operator. Numerous ATV models have been recalled in recent years for a variety of problems, including improper fuel tank placement and faulty brakes. These design flaws render the ATVs unsafe, even when properly used.
The Tennessee personal injury lawyers of Terry, Terry, and Stapleton represent people who have been harmed by unsafe products. If you or someone you love has been seriously injured or killed as the result of an ATV defect, protect your rights by contacting our experienced product liability attorneys. Call us at 877-489-5411 or use our online form. We represent clients throughout Tennessee, including Rogersville, Newport, Morristown, Knoxville, Kingsport, Johnson City, Jefferson City and Greeneville. Our firm has an established record of success in helping the victims of personal injury due to product defects. If you’ve been injured by a dangerous product, we’ll work tirelessly on your behalf to hold the manufacturer accountable.
While ATVs are often marketed to young children, they are not toys. Rather, they are powerful and potentially dangerous vehicles that reach speeds of 60 miles per hour or greater, and adult versions of these vehicles can weigh in excess of 700 pounds. When a vehicle flips, it can cause severe injuries to the head, arms, legs and torso.
Although ATV crashes can happen because of driver inexperience or lack of training, they are also caused by defective designs that make the vehicles inherently unstable. According to the U.S. Consumer Product Safety Commission’s dedicated ATV safety Web site, the number of ATV accidents and injuries has risen dramatically between 2000 and 2006. In 2000, there were 92,000 injuries, compared to 146,000 in 2006. This is approximately a 59 percent increase over a six year period. The estimated number of emergency-room treated injuries rose to 150,900 in 2007. Children under the age of 16 accounted for 107 deaths in 2007 and 40,000 injuries requiring emergency room treatment, all from four-wheel ATV accidents. In Tennessee alone, there were a total of 83 ATV accident related deaths reported between 2005 and 2007.
A lawsuit filed against the manufacturer of a defective consumer good is known as a product liability claim. Although many brands of ATVs have been the subject of product liability lawsuits, one vehicle at the center of many claims is the Yamaha Rhino. First introduced in 2003, the Rhino was intended as a lightweight, off-road “utility terrain vehicle,” or UTV. This UTV was different from an ATV in that riders sat side-by-side, in twin bucket seats, rather than straddling the machine.
Early models of the Rhino had no doors to protect riders’ extremities during rollovers and, despite such dangerous design features, were sold without proper warnings. Due to the open sides, the most frequent Rhino rollover injuries involved crushed arms and legs. In 2006, the company sent warning stickers to owners advising them to keep arms and legs inside the vehicles. In 2007, Yamaha launched a retrofit program to install doors and a passenger handhold on the UTVs. By 2008, all Rhino models had undergone a design change with side doors added.
Even with these changes, victims contend the Rhino suffers from a design flaw and is inherently unstable due to its narrow stance, high center of gravity and a powerful engine. Accidents involving severe head, spine and limb injuries have been reported, and more than 200 lawsuits have been filed against the manufacturer.
The safety problems are by no means limited to Rhino. The CPSC Web site lists more than 100 recalls of ATV or UTV products made by Arctic Cat, Baja, Bombardier, Cannondale, Cycle Country, Eton, Hiper, Honda, Kawasaki, Kolpin, KTM, KYMCO, Manco, Ohalee, Polaris, SunL, Suzuki and Yamaha (the maker of Rhino UTVs).
As of April 13, 2009, the Consumer Product Safety Commission has announced it will be unlawful for an all-terrain vehicle manufacturer or distributor to sell an ATV unless it has taken steps “to promote ATV safety, including rider training, dissemination of safety information, age recommendations, other policies governing marketing and sale of the ATVs, the monitoring of such sales, and other safety related measures.” The Rhino and other cart-style UTVs remain largely unregulated, however, with devastating consequences for rollover victims.
If you or someone you love has been injured in an ATV accident that was due to a manufacturing defect, you may be able to recover damages. Although no amount of money can make up for a personal injury or wrongful death, compensation can lessen the financial burden of an already difficult time. Contact the personal injury attorneys of Terry, Terry, and Stapleton for a review of your case. If we determine you have a valid claim, our legal team will serve as your advocate to help you obtain compensation for such costs as medical bills, vehicle repairs, pain and suffering, and loss of earnings. Regardless of the circumstances of your accident, please take the time to discuss your case with us. Call our Morristown office at 877-489-5411 or use our online form.
