Impact of ATV and Golf Cart Modifications on Product Liability Claims
People living in Mobile and throughout the South often use ATVs and golf carts for recreational purposes without considering that they may suffer harm. As the number of people using recreational vehicles increases, however, so does the number of accidents involving such vehicles. Many of these accidents occur due to hidden defects that make the vehicles unreasonably dangerous. In such cases, the manufacturers and sellers of recreational vehicles can be held accountable for the injuries caused by their products. If the injured party modified the ATV or golf cart in question prior to the accident, however, it can be challenging to demonstrate liability. If you have questions regarding the impact of ATV and golf cart modifications on product liability claims, it is smart to speak to an attorney as soon as possible. The skilled product liability attorneys at Tobias & Comer Law, LLC, are proficient at handling complicated cases and we will gather the evidence needed to provide you with a good chance of a successful outcome.Common ATV and Golf Cart Defects that Lead to Accidents
Each year, numerous individuals in Mobile suffer injuries in accidents involving recreational vehicles. For example, golf carts and ATVs are frequently involved in rollover accidents. Rollovers often occur because the companies manufacturing ATVs and golf carts fail to consider crucial factors such as turning radius and center of gravity when designing such vehicles. This oversight results in ATVs that are prone to rolling over during regular use. Additionally, insufficient safety measures, such as roll bars, contribute to severe injuries such as crush injuries, amputations, hemorrhages, traumatic brain injuries, and even fatalities. ATV and golf cart accidents can also occur due to insufficient warnings, such as inadequate information regarding the risks of operating them on public roads or the age and helmet requirements.The Impact of ATV and Golf Cart Modifications on Product Liability Claims
Given that many ATV and golf cart accidents stem from dangerous defects, individuals harmed in such incidents will often pursue product liability claims against the manufacturers of the vehicle that caused their harm.
In Alabama, product liability lawsuits resulting from recreational vehicle accidents typically assert strict liability claims against the defendants pursuant to Alabama extended manufacturer's liability doctrine (AEMLD). This means that the plaintiff argues the defendants should be held responsible for the harm caused, regardless of whether they exercised due care in designing or producing the vehicle. To succeed in a strict liability claim, the plaintiff must demonstrate that the product in question had a defect that made it unreasonably dangerous and that the defect existed when it left the manufacturer’s control. The plaintiff also needs to prove that the defect directly caused the accident and that the plaintiff suffered actual harm as a result.Consult a Product Liability Lawyer in Mobile
Cases involving accidents caused by defective ATVs and golf carts are typically complicated, especially when the vehicle in question has been altered. As such, it is important for anyone harmed in such an accident to consult with an experienced attorney in Alabama to understand the impact of ATV and golf cart modifications on product liability claims. At Tobias & Comer Law, LLC, our Mobile product liability attorneys have the experience and resources needed to handle complex cases. We have an office in Mobile, and we frequently represent parties in product liability claims in Mobile and throughout Alabama. You can reach us through our form online or at (251) 432-5001 to set up a conference.