EGL Motor, a company known for creating small parts for motorcycles as well as all-terrain vehicles (ATVs), has recalled their youth ATVs due to a severe risk of injury. The ATVs were also found to be in violation of the federal safety standard for that type of product. Consumers may be eligible for compensation when companies provide products that do not meet the standard of safety they claim to. People who purchase such products may be able to take legal action and can sue the company for damages if injured by them.
The Reason for The Recall
This recall is specific to models MADIX 125 and D110 of the EGL and ACE branded youth ATVs. The ATVs have been recalled because it has been discovered that children can operate them above the maximum speed labeled on the packaging, which greatly increases the risk of a dangerous accident. This increased speed causes the handlebars to become a laceration hazard because they can injure a child’s body during a crash at high speeds.
These ATVs also have parking brakes that fail to stop the vehicle from moving at the federally required minimum level of steepness. This means the vehicle can begin to roll backwards with a child on it even if the parking brake has been engaged.
How to Identify Recalled ATVs
The ATVs that are included in this recall can be identified by the model numbers (MADIX 125 and D110), which have been stamped into metal plates and placed on the left side underneath the body. The vehicle names have also been placed on each side of the vehicle. There is a label that can be found beneath the ATV’s model number that states the ATV is subject to EGL Motor’s action plan, which has been approved by the Consumer Product Safety Commission.
Anyone in possession of one of these ATVs should no longer use them. EGL Motor is offering full repairs for impacted vehicles at no cost to the consumer.
Holding Manufacturers Responsible
Product liability law affords consumers the opportunity to hold companies and product manufacturers responsible for losses incurred due to defective products. When someone becomes injured due to a defective product, suing the people who made the product can help bring them to justice and prevent the same injury from happening to someone else.
While the types of products that can have dangerous defects are almost endless, they must fit into one of these categories for product liability law to apply:
- Design defects: This refers to products that have defects in their actual design, such as the size or shape, that makes them unsafe for use by the general public. These are products that would remain unsafe for use even if they were manufactured exactly as intended.
- Manufacturing defects: This refers to products that had errors in the way they were manufactured and would have operated safely if those errors had not occurred. An example of a defect in manufacturing would be a company using materials to construct a product that are too weak for that product’s intended use.
- Instruction defects: Companies are responsible for providing consumers with instructions on how to use their products safely as well as the potential risks associated with using their products. If they fail to do so, they can be held liable for resulting injuries.
Product liability can also include the assembly, formulation, processing, and packaging of consumer products.
Who Can Be Held Responsible?
Specifically, liability for defective products can be placed on anyone involved with creating and selling the product, from designing it to manufacturing it. However, the courts are less likely to impose liability on parties who simply placed the product on store shelves. Liability is usually placed on the people who designed the product or the people who used poor materials to construct the product.
When Must Product Liability Claims Be Filed?
The statute of limitations on product liability claims in Kentucky is 1 year. This means that a claim must be made within 1 year of the date the injury caused by the defective product occurred. Note that, if the injury does not occur within the first 8 years the product is in use, it is presumed that the product is not in fact defective.
Damages in Product Liability Lawsuits
People injured by defective products can seek compensatory damages through a lawsuit. Compensatory damages are meant to compensate them for both economic and noneconomic losses. Some examples of common economic losses in product liability claims include:
- Medical bills, such as prescription costs, hospital bills, ambulance bills, or the cost of physical therapy
- Lost wages because the injured party could not work while recovering
- Costs incurred due to a new disability caused by the injury, such as paying home health aides, renovating living spaces to accommodate wheelchairs, etc.
- The loss of property caused by the defective product
Noneconomic losses are losses that do not have an assigned dollar value to them and are more difficult to quantify. Some examples of noneconomic losses include:
- The pain and suffering caused by the injury
- A diminished quality of life
- The loss of consortium and damaged relationship with a spouse
- The emotional damage caused by scarring or disfigurement due to the injury
How An Attorney Can Help
Anyone who has suffered injuries due to a defective product should consider seeking legal counsel. An experienced and talented product liability attorney can be a great asset in a court of law. Some examples of how a lawyer can help in a product liability case include:
- Negotiation: Lawyers are experienced in negotiation and can help their clients get larger settlements from the companies that caused their injuries. Representation from a respected legal firm will often result in higher settlement offers from companies because they would rather pay than spend both time and money fighting in court.
- Extensive knowledge: An experienced product liability attorney will have extensive knowledge of product liability law as well as the strategies companies try to use in court to avoid being held responsible. This knowledge is also beneficial in crafting an effective and personalized legal strategy for representing an injured client in court.
- Representation: A product liability attorney can help represent a client in court if their case ends up going to trial. The elements that must be proven to win a product liability case are dependent on a quality legal strategy. An attorney can help gather evidence, contact witnesses, and speak on behalf of their client in court to follow through on the strategy they create.
Reach Out for Help
The Law Office of Pamela C. Bratcher can help you in your product liability case. Our qualified attorney has over 30 years of experience and can provide you with high quality guidance and advocacy. We understand that these cases are draining and stressful, which is why we will use aggressive legal tactics and fight tirelessly on your behalf to get you the compensation you deserve. Reach out at (270) 977-8910 or online for a consultation today.