Practice Areas Personal Injury Product Liability ATV Accidents

Boca Raton Attorneys Representing People Injured by Defective Vehicles

ATVs are prevalent throughout South Florida, and many people use them to engage in recreational activities. As ATVs have become increasingly popular, however, the rate of accidents that involve ATVs has increased. ATV accidents often arise out of latent defects that render the ATVs unreasonably dangerous, and in many instances, the manufacturers and sellers of ATVs can be held liable for the harm caused by defective ATVs. If you were injured or suffered the loss of a loved one due to an ATV accident, you should meet with an attorney to assess the compensation that you may be able to recover from the entities responsible for your harm. The Boca Raton ATV accident lawyers at The Grife Law Firm will gather the facts and evidence needed to craft effective arguments on your behalf and provide you with a good chance of a successful outcome.

Defects That Commonly Cause ATV Accidents

ATV accidents often involve rollovers. Rollovers may occur if the companies that design the ATVs fail to account for factors such as turning radius and center of gravity, resulting in an ATV that poses a high risk of rolling over with ordinary use. Additionally, many ATVs are designed without adequate measures to prevent harm in the event of a rollover, such as roll bars, and therefore rollovers typically result in devastating injuries, including crush injuries, amputation injuries, hemorrhages, traumatic brain injuries, and possibly death. ATV accidents can also be caused by inadequate warnings on the ATV or in the materials that accompany the ATV. For example, many ATVs do not contain age or helmet requirements, or warnings that are sufficient to alert users to the risks of operating ATVs on public roads.

Showing Liability for Harm Caused by an ATV Accident

Since many ATV accidents are caused by dangerous defects, victims can retain an ATV accident attorney in Boca Raton to pursue damages from the companies that design, manufacture, and sell ATVs. In Florida, lawsuits arising out of ATV accidents typically allege that the defendant should be held strictly liable for the harm suffered by the plaintiff. In other words, the plaintiff will allege that the defendant should be held accountable for the plaintiff’s harm, regardless of whether the defendant exercised due care in producing or selling the ATV. A plaintiff alleging strict liability must prove that the ATV had a defect that rendered it unreasonably dangerous, that the defect ultimately caused the accident, and that the plaintiff suffered actual harm due to the accident. The plaintiff must also prove that the defect was present when the ATV left the possession of the defendant and that the plaintiff did not alter the ATV in any significant manner prior to the accident.

In some cases, a plaintiff in a product liability case arising out of an ATV accident will also assert a negligence claim against the defendant, which requires the plaintiff and their Boca Raton ATV accident attorney to establish that the defendant had a duty to create a safe product, but the defendant breached the duty, which resulted in a defective ATV. The plaintiff must also prove that the defect caused their harm.

Often, a defendant in an ATV accident case will allege that the plaintiff’s negligence brought about the accident, so the plaintiff should not be awarded damages for their harm. Pursuant to Florida Statutes Section 768.81(2), a plaintiff’s comparative negligence may diminish but may not bar a plaintiff’s recovery of damages. Notably, the Florida courts have held that the defense of comparative negligence only applies in product liability cases in which the plaintiff used a product in an unreasonable manner or after discovering a defect. In other words, a plaintiff may not be deemed negligent for failing to uncover a defect or guard against the possibility of a defect.