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Although often considered one of the most fun and relaxing vehicles, ATVs can also be one of the most dangerous. Despite the safety precautions taken by many ATV users, injuries can still happen. One of the most frequent ATV injuries involves ATVs rolling over. If you have been injured in an ATV accident while you were using your ATV as it was meant to be used, you may be able to recover some of the expenses spent on your injuries or other losses through a product liability claim.
When it comes to injuries from ATVs there are two types of product liability claims to look into. The first is a product liability claim that is filed as the result of an injury from a defective ATV or a defective part on an ATV. In order to prove a product liability from a defective ATV, you must be able to prove that your injury was caused by the improper manufacture of your ATV. Defective ATVs are usually the result of an error during manufacturing or sometime a problem at the dealership or during shipping. If you believe that your injury is the result of a defect, the manufacturer, parts manufacturer, dealership, shipper, or used dealership may be to blame.
The other type of product liability claim that might be applicable in the case of an ATV injury is if an injury is the result of “unreasonably dangerous” design. In this case, although there was no manufacturing defect, the parts were assembled or designed in such a way that there is no way to use the ATV without incurring an injury. Proving that an ATV has an unreasonably unsafe design can be difficult because “reasonable” is a very subjective term. However, if you were using your ATV the way it was meant to be used, it was not defective, and you were still injured, then you probably have a good case for an unreasonably dangerous product liability claim. In this case as well as with product defects, there are quite a few people who could be found responsible for this type of injury, often including the designers and the manufacturer.
Even if you did not own the ATV on which you were injured, you still have a case. It does not matter who owned it, only who was injured. However, it is important to keep in mind that someone must have a physical injury in order for a case to be proved. Thus if you or someone you love was almost injured but somehow prevented it, you do not have a case.
As with all product liability claims, ATV accident claims are difficult to win because manufacturers are often equipped with a team of qualified lawyers. However, by choosing a highly qualified ATV accident attorney, like the ATV accident attorneys at Cohen & Cohen, you get the best chance at winning your lawsuit. If you were injured on a defective or unreasonably dangerous ATV, contact Cohen & Cohen immediately for your free evaluation.