Although most West Virginia residents likely hear about auto defects, infant car seat issues and contaminated food recalls, it isn’t uncommon for other products to be recalled and deemed defective. In fact, exercise equipment and sporting goods items can be recalled just as often. However, since they are not as widely used, some may never hear about the issues. A man from another state is alleging that he was injured due to a defective part on a four-wheeler.
A man has recently filed a lawsuit against the manufacturers, distributors and a retailer of Arctic Cat. He claims that he purchased a faulty ATV from the local retailer, who had purchased the four-wheeler from the manufacturers of Arctic Cat ATVs. The defective four-wheeler reportedly caused him to have an accident and suffer injuries.
The ATV accident occurred on May 12 of last year. He had purchased the ATV from a local dealer, who is named in the lawsuit along with the Arctic Cat company. The particular model of four-wheeler that he was riding on during the accident was recalled in Nov. 2011. He had not been made aware of this until after his accident.
The recall was due to the tie rods on the ATV, which had apparently been poorly designed. An investigation into the four-wheeler accident purportedly determined that the crash was caused by a tie rod that had become bent. Now, the defendants are facing a lawsuit and accusations regarding breach of warranty, negligence and strict product liability.
ATVs and other pieces of sporting goods equipment are very popular among the American population, including those here in West Virginia. While mistakes are going to happen due to human error, manufacturers should still be held liable for defects that they allow onto products when they lead to serious injuries of consumers. A product liability claim may help an individual pursue compensation that they are entitled to after being harmed by a defective ATV.
Source: The West Virginia Record, “Rider blames ATV maker, dealer for injuries“, Matt Russell, July 2, 2014