ATVs recalled

American Suzuki Motor Corp has issued a recall of approximately 29,000 ATVs due to a fire hazard. According to the article, some of the plastic fuel tanks were improperly constructed and can therefore lead to fuel leaks.

The recall involves all 2008-2010 LT-A450X model Suzuki KingQuad ATVs. It also includes all 2009-2010 LT-A500X, 2008-2010 LT-A750X, and 2011 LT-A500X and LT-A750X models made before Dec. 11, 2010.

Read more: http://www.upi.com/Business_News/2011/03/12/Suzuki-ATVs-recalled/UPI-39171299968023/#ixzz1GbjkXyC8
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If you or a loved one has been injured by a product defect call the Law Office of D. Hardison Wood at 919.233.0520 or toll free at 1.855.4.NCHURT (1.855.462.4878)

ATV Riding Season

The CPSC recently published a release for the Memorial Day weekend warning ATV riders to take precaution this riding season. According to the CPSC ATV-related deaths jump on average 30 % from March to April for children under the age of 16. From the period of 2003-2005, ATV related deaths rose each month during the spring and into the summer, peaking in July, when 23 children and 76 adults were killed in ATV related incidents on average.

Earlier this year the CPSC published the 2008 Annual Report of ATV-Related deaths & Injuries. The reports findings showed that in 2008, 28% of the 135,100 estimated ATV related emergency department-treated injuries, involved children 16 years of age or younger. That’s over 37,000 children. Statistical data calculated by state showed North Carolina ranking 9th (tied with Michigan) in most number of ATV-related deaths reported from 1982-2005. If you or someone you know has had an ATV-related personal injury contact our North Carolina Personal Injury Lawyers to discuss your legal rights.
 

“If springtime deaths and injuries are an indication of what’s to come, we urge all ATV riders, young and old, to take all necessary safety precautions,” said CPSC Chairman Inez Tenenbaum. “Far too many people are losing their lives and sustaining life-threatening injuries, which in many cases are preventable. CPSC is working diligently to ensure that the ATVs on the market meet mandatory standards and to promote safe riding practices.”

Starting in April 2009 it became mandatory for ATV manufacturers and distributors to offer free, hands-on training through their dealers for first time buyers and their age appropriate family members within a reasonable time for purchase. Also as part of the CPSC’s action plan, these companies are required to offer first-time purchasers an incentive valued at $100 for taking the hands-on training offered by the ATV Safety Institute (ASI). ASI offers a variety of training programs for riders of all levels, for more information go to www.atvsafety.org.

With 4th of July just around the corner and another summer holiday weekend approaching we would like to provide you with some guidelines and information to make your riding season and that of your children safer.


The ATV Safety Institute's Golden Rules:
1. Always wear a helmet and other protective gear.
2. Never ride on public roads - another vehicle could hit you.
3. Never ride under the influence of alcohol or other drugs.
4. Never carry a passenger on a single-rider vehicle.
5. Ride an ATV that's right for your age.
6. Supervise riders younger than 16; ATVs are not toys.
7. Ride only on designated trails and at a safe speed.
8. Take an ATV RiderCourse
Letter from ATV Safety to North Carolina Parents

NC State Laws on ATV Riding:
• No one under age 8 may operate an ATV.
• Children under age 12 may only operate an ATV under 70cc.
• Children under age 16 may only operate an ATV 90cc or less.
• Children under age 16 must be supervised by a person at least age 18.
• Passengers may not be carried unless the ATV was designed to carry passengers.
• All ATV operators must wear helmet and eye protection.
• ATV use on public streets and highways is prohibited except to cross.
• No ATV shall be operated without a lighted headlight and taillight from ½ hour after sunset to ½ hour before sunrise.
• Effective October 1, 2006, every ATV operator born on or after January 1, 1990, must have an ATV safety certificate.
• Persons using ATVs for farming, hunting or trapping are exempt from the law’s provisions.

North Carolina State Legislation on ATV


 

ATV Lawsuits Filed

Two suits have been filed recently bringing into the question design flaws in the Yamaham Rhino ATV.

On June 10, 2005, the Mitchells' daughter was riding as a passenger in Rhino ATV when during normal operation the vehicle tipped over onto the passenger side. She suffered severe injuries to her knee, arm, foot and ankle, requiring surgery and the amputation of four toes on her right foot.

Jeffrey Lambert, a 47-year old physician's assistant and former captain in U.S. Air Force, filed a personal injury lawsuit against Yamaha for the catastrophic injuries he suffered. On August 17, 2007, the Rhino Lambert was driving tipped over at a low rate of speed. Read the Article here

Stability seems to be a common question and common design flaw in ATVs that we have been hearing and seeing lately in our own practice. Manufacturers must be held accountable when they do not make changes to their dangeorusly designed products especially  when they have inexpensive alternative designs and modfications available.

ATV Stats

It seems that  555 people, which includes over 100 children, died in all terrain vehicle (ATV) accidents in 2006. Officials have said that they expect the number to increase as more hospitals and coroners report information. The Consumer Product Safety Commission also published in their annual report that and additional 146,600 people have been treated in emergency rooms for their  ATV-related injuries of which more than a quarter were children.
Consumer groups and parents who have lost children in crashes have complained for years about the safety of the popular off-road vehicles.
The industry contends it's not the ATV but the driver that's the problem. "ATVs have never been shown to be an unsafe product, but there have been bad decisions made by people sitting on the seat," said Mike Mount, a spokesman for the California-based Specialty Vehicle Institute of America.