Georgia Injury Lawyer Blog

The product liability lawyers at Finch McCranie, LLP pay close attention to the recall of dangerous products that can lead to the wrongful death of innocent people. This week, in cooperation with the U.S. Consumer Product Safety Commission, Polaris Industries has issued a voluntary recall of approximately 8,500 all-terrain vehicles because of a potentially dangerous steering problem, caused by a defective and dangerous front-end component. The recall applies to 2009-2010 models of the Polaris Sportsman ATV. Although there have been no reported injuries to date, there have been 19 reported incidents involving the ATV. According to Polaris the front suspension ball joint could separate from the steering knuckle, causing the rider to loose the ability to steer the ATV. Depending on the circumstances, if this occured, it could result in the operator being seriously injured or it could result in the wrongful death of the rider.

Anyone who owns a 2009-2010 Polaris Sportsman is encouraged to return it to the closest dealer who will make the necessary repairs free of charge.

The Georgia injury lawyers at Finch McCranie, LLP have represented the victims of dangerous products of all kinds for over 40 years. If you have been injured or lost a loved one as a result of using a dangerous product, the attorneys at Finch McCranie, LLP can help. Call us for a free consultation at 1-800-229-9159.

THere are many Off –Road recreational vehicles, ROVs in use in Georgia. Now, they are going to be subject to new safety rules promulgated by the federal government. We have previously written about efforts of consumer and safety advocates to encourage the Consumer Product Safety Commission to regulate these vehicles. Now, after scores of deaths and injuries due to product defects, the Consumer Product Safety Commission voted last Wednesday to write mandatory rules regulating the four-wheel vehicles.

There are more than 100 deaths involving ROVs since 2003and numerous injuries some leading to amputations.

ROVs, also called side-by-sides, are two-passenger motorized vehicles designed for drivers 16 years and older. They resemble a cross between a rugged-looking golf cart and a miniature-Jeep, and have a roll cage of metal bars framing the cab.

The industry proposed voluntary regulations for ROVs, but CPSC staffers said they fell short. Agency staff have expressed concern about the vehicles and rollover risks.
The CPSC will solicit comments from industry, consumer advocates and others as it writes the rules. This process could take many months.

ROVs first appeared on the market in the late 1990s. Since 2003, CPSC says 116 people have died, including young children, and more than 150 have been injured. Injuries have involved crushing fractures to legs, feet and arms and some riders have lost limbs.

Safety advocates say the commission's vote puts the industry on notice.
In March, Yamaha Motor Corp. USA recalled more than 100,000 of its Rhino off-highway recreational vehicles for repairs after two models were linked to 46 deaths in the past six years. In many cases, riders were not wearing seat belts, the commission said. And in a number of incidents, rollovers happened on level ground at relatively slow speeds, the agency said.

About 140,000 ROVs were sold last year in the United States.

Our Atlanta attorneys frequently review cases involving recreational off-road vehicles which involve death and serious injury. The Consumer Product Safety Commission staff has recommended that the agency set mandatory rules to regulate recreational off-road vehicles.
The CPSC's five commissioners received the written recommendation this week, and must propose a rulemaking before any rules could be implemented. An agency spokesman said the commissioners could vote on whether to proceed with the rulemaking as early as Wednesday of this week.

The off-road vehicles, also known as ROVs, generally have four or more low-pressure tires, seat one or more persons, and are intended mainly for recreational use. ROVs have surged in popularity with more than 416,000 in use at the end of 2008 compared with less than 45,000 in 2003. According to the CPSC 181 accidents occurred between 2003 and August of this year, resulting in 152 injuries and 116 deaths.

ROVs aren't subject to the safety standards for longer-established ATVs, or all-terrain vehicles, because of certain design differences. Voluntary safety standards for ATVs became mandatory this year, after a federal product-safety law mandated them.

Many products are governed by voluntary standards set by industry experts. The CPSC sets mandatory standards for products that potentially pose the biggest safety hazards to consumers.

Some consumer-safety advocates blame the ROV accidents on lax regulation by government, claiming it has allowed young people to ride vehicles that are too large and too fast for their safety. Some riders have also alleged poor design, which they say allows certain vehicles to roll over easily.

In April, Yamaha Motor agreed to suspend sales of its Rhino 450, 660 and 700 recreational off-road vehicles, and to offer free modifications to Rhinos already in service, to make them less prone to rollover accidents.

The move followed a CPSC investigation of more than 50 incidents involving Rhino 450 and 660 models that had resulted in 46 driver and passenger deaths. More than two-thirds of the cases involved rollovers, many with unbelted occupants.

The Georgia injury lawyers at Finch McCranie, LLP have written before about the potential liability one may have for ATV accidents, especially if it involves riding passengers. Not only does the owner of the ATV risk being sued for injuries or death caused by their use of the ATV, but they may also find that there is no liability coverage available to them when they are sued. Last week, the Georgia Court of Appeals affirmed the grant of summary judgment to Allstate Insurance Company in its suit seeking a declaration from the Court that it had no duty to provide coverage, a defense or indemnification arising out of an accident, in which a young girl was thrown off the back of an ATV whose owners had a homeowners policy through Allstate. The court held that the accident in question fell under the policy’s exclusion for bodily injury arising our of the ownership or use of a motor vehicle, which is designated principally for recreational use off public roads when an insured person owns that vehicle and it is being used away from an insured premises. The accident here occurred at a field located approximately 15 miles from the insured’s home. Accordingly, although from a liability standpoint, there may be a number of viable claims that can be made against the owners of ATVs for their negligent operation of the ATV, there is often no insurance coverage available to compensate injured victims. If you or a loved one have been injured as a result of an ATV accident consult the Georgia injury lawyers at Finch McCranie, LLP.

The Georgia injury lawyers have written before that with the growing popularity of ATV’s or All-Terrain Vehicles, serious injury and death cases are on the increase in Georgia, especially among children. Today I read about a tragic case that occurred on May 16th in South Carolina. In that case, a 15- year-old girl was riding on the seat behind her 32 year old neighbor when the neighbor lost control of the vehicle and the two were ejected. As a result, the teen sustained spinal cord injuries and is now paralyzed. According to police, the driver was operating the ATV at a high rate of speed and neither of the riders was wearing a helmet. The ATV was not designed to carry passengers. Moreover, the driver allegedly tested positive for marijuana. As a result of the accident, the driver has been criminally charged by authorities. Almost all ATV fatalities or serious injuries occur while violating one or more of the Consumer Product Safety Commission’s “Rules of ATV Operation”and this case was no exception. These rules are as follows:
A. Children under sixteen should not ride adult-sized ATV (engines bigger than 90 cc’s).
B. Take a hands-on safety course.
C. Always wear a helmet while on an ATV.
D. Never drive an ATV on paved roads.
E. Never drive while under the influence of drugs or alcohol.
F. Never drive an ATV with a passenger, and never ride as a passenger.

Despite these common sense rules, we continue to see children operating ATV’s and worse yet, operating them with passengers. Every new ATV that has come from the factory in recent years has a decal that warns the driver not to ride passengers. An adult who negligently rides a passenger on an ATV who is subsequently injured may subject themselves to civil liability for doing so. If you or a loved one has been seriously injured on an ATV, call the ATV injury lawyers at Finch McCranie LLP at 1 (800) 228-9159.

As a Georgia injury lawyer, I read almost everyday about a death or serious personal injuries sustained as a result of an All Terrain Vehicle ATV accident. With the increasing popularity of ATVs it is inevitable that there will be more accidents and injuries; however, most are preventable. Without exception, most ATV accidents can be traced back to a rider who broke at least one of the ATV Safety Institute’s Golden Rules. Whether you’re riding in a public park or on private land, keep these eight guidelines in mind:

Always wear a helmet and other protective gear.

Never ride on public roads — another vehicle could hit you.

Never ride under the influence of alcohol or other drugs.

Never carry a passenger on a single-rider ATV.

Ride an ATV that’s right for your age.

Supervise riders younger than 16; ATVs are not toys or baby-sitters.

Ride only on designated trails and at a safe speed.

Take an ATV RiderCourse; visit www.atvsafety.org or call (800) 887-2887.

In my experience, one of the most violated guidelines involves riding passengers. Over and over I read about children riding other children on the back of a single rider ATV. This is extremely dangerous and it is a parent’s responsibility to make sure that it does not occur. A parent who provides an ATV to a child and fails to supervise the child’s operation of it can be held liable in damages for the death of another person who is injured or killed in an accident. If you or a loved one have been seriously injured by someone negligently operating an ATV, call one of the Georgia injury lawyers at Finch McCranie, LLP for a free consultation.

Georgia and South Carolina injury lawyers are seeing ATV accidents involving serious injury and sometimes death are on the rise with the return of warm weather. Tragically many, if not most are preventable by using common sense and obeying ATV rules. Just this week, I read about a Summerville, South Carolina teenager who is fighting for her life as a result of being thrown from the back of a fast moving ATV. According to witnesses, neither the 32 year old ATV driver or the teenage passenger were wearing helmuts.

Almost all ATV fatalities or serious injuries occur while violating one or more of the Consumer Product Safety Commission’s “Rules of ATV Operation”. Those rules are as follows:

1. Children under sixteen (16) should not ride adult-sized ATV (engines bigger than 90 cc’s).
2. Take a hands-on safety course.
3. Always wear a helmet while on an ATV.
4. Never drive an ATV on paved roads.
5. Never drive while under the influence of drugs or alcohol.
6. Never drive an ATV with a passenger, and never ride as a passenger.

Despite these common sense rules, we continue to see children operating ATV’s and worse yet, operating them with passengers. Every new ATV that has come from the factory in recent years has a decal that warns the driver not to ride passengers. As demonstrated by the tragic accident involving the South Carolina teen, serious injuries can result from riding as a passenger on the back of an ATV. Adults who operate an ATV in violation of the rules potentially subject themselves to civil liability for their negligence, if someone is seriously injured or killed as a result of their negligence. If you or a loved one has been seriously injured on an ATV, call the ATV injury lawyers at Finch McCranie, LLP at 1 (800) 228-9159.

As the popularity of ATV’s (all-terrain vehicles) increases the Georgia injury lawyers at Finch McCranie, LLP see more ATV accidents resulting in death and serious injuries each year. Even experienced riders must be very careful when operating an ATV. On April 18th of this year, former Utah Congressman Bill Orton, age 60, died while operating his ATV. According to authorities, he was riding out on the sand and went off a very steep sand dune, and when he impacted the bottom, the front end of the four-wheeler flipped on top of him, fatally injuring him. At the time of his accident, he was wearing a helmet.

According to ATVSafety.gov, a web site maintained by the Consumer Product Safety Commission, there were 268 “reported” ATV deaths in Georgia 1982 and 2007; however, this figure is likely low.

Experience is important when operating an ATV. All new riders should take a training course. These courses are offered nationwide and are usually offered free when purchasing an ATV from a dealer. Although many ATV injuries or deaths result from careless operation of the machine, many result from the negligence of third parties. Some accidents are the result of dangerous products like faulty brakes or steering components. If you or a loved one has been injured on an ATV, take care to preserve the ATV, including all parts, and consult one of the Georgia ATV injury lawyers at Finch McCranie, LLP.

The Georgia injury lawyers have written before that with the growing popularity of ATV’s or All-Terrain Vehicles, serious injury and death cases are on the increase in Georgia, especially among children. Yesterday, we read about a 12-year-old Alto, Georgia girl who was killed last Friday night about 8:30 p.m. in an accident involving an all-terrain vehicle in Banks County. According to the Georgia State Patrol the girl was driving the vehicle when it overturned on private property. A 15-year-old passenger, who was not identified, was injured and taken to Northeast Georgia Medical Center. Unfortunately Georgia is one of only five states with no ATV safety legislation. Between 1982 and 2003 there were 177 fatalities involving ATV’s. Of the 177 deaths, one third were children under 16. In 2004, there were 12 fatalities involving ATV, 50% of which were children under 17.
Almost all ATV accidents involving fatalities or serious injuries occur while violating one or more of the Consumer Product Safety Commission’s “Rules of ATV Operation”. These rules are as follows:
A. Children under sixteen should not ride adult-sized ATV (90 + cc’s).
B. Take a hands-on safety course.
C. Always wear a helmet while on an ATV.
D. Never drive an ATV on paved roads.
E. Never drive while under the influence of drugs or alcohol.
F. Never drive an ATV with a passenger, and never ride as a passenger.
Despite these common sense rules, we continue to see children operating ATV’s and worse yet, operating them with passengers. Every new ATV that has come from the factory in recent years has a decal that warns the driver not to ride passengers. If you or a loved one has been seriously injured on an ATV, call the ATV injury lawyers at Finch McCranie LLP at 1 (800) 228-9159.

The Georgia injury lawyers at Finch McCranie, LLP have represented many victims of traumatic brain injury resulting from serious automobile accidents, tractor trailer accidents, workers compensation accidents, ATV/All Terrain Vehicle accidents, motorcycle accidents and premises liability accidents. A traumatic brain injury (TBI) is caused by a blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain. Not all blows or jolts to the head result in a TBI. The severity of a TBI may range from “mild,” i.e., a brief change in mental status or consciousness to “severe,” i.e., an extended period of unconsciousness or amnesia after the injury.

What many people do not realize is that major depression is a complication seen in about one-third of patients within the first year of a TBI and when present, is associated with poor psychosocial functioning and persisting post-concussive symptoms. Major depression is associated with substantial psychosocial dysfunction and post-concussive symptomatology following traumatic brain injury. Medication has been and is still prescribed to treat this complication; however, in a recent large clinical sample of patients with symptoms of major depression, anti-depressant medication has been shown to lead to the remission of symptoms in a minority of patients.

Yamaha Motor Corporation, the manufacturer of Rhino off road vehicles, has recalled the same because of safety issues associated with its Rhino 450, 660 and 700 models. Owners of these Utility Terrain Vehicles (UTVs) are being warned not to use them until certain repairs are made. The repairs that will be made to the vehicles include the installation of a spacebar on the rear wheels as well as the removal of an anti-sway bar which repairs are supposed to reduce the chances of rollovers.

According to a press release issued by the U.S. Consumer Product Safety Commission, there have been over 46 deaths involving Rhino 450 and 660 models. Of the rollover related deaths and injuries, which have been reported to the CPSC, many appear to involve turns at relatively low speeds on level terrain. The repair program being announced by the Yamaha Motor Corporation is designed to reduce the chance of rollover but unfortunately, the number of deaths and injuries associated with the use of this product indicates that it is dangerous because of its overall design.

Critics of the ATV charge that the Rhino is top heavy. It has tires that are narrow. The vehicle offers little or no protection for passenger legs in the event of a rollover. Most of the victims of Rhino rollover accidents that survive experience crushed or broken legs, ankles or feet. In some cases, people have been left permanently disabled or have undergone amputations. When children are involved, deaths appear in greater frequency.

Technically, vehicles like the Rhino are not classified as an All-Terrain Vehicles (ATVs) because of design differences such as having a steering wheel in contrast to an ATV’s handlebars. Nonetheless, despite this design difference, the Rhino functions as an all-terrain vehicle like many other classes of off road vehicles.

Any one operating an ATV or Utility Terrain Vehicle (also known as a UTV) obviously should always wear their helmets and should exercise extreme caution. As stated, there are many cases involving these vehicles at low speed on level terrain, so the danger is paramount, particularly when children are involved. Simply stated, UTVs and ATVs are dangerous vehicles for anyone, particularly the young, and the 46 deaths announced by the Consumer Product Safety Commission should be sufficient warning to the public that these vehicles are not toys but rather are dangerous vehicles that should be respected as such by anyone who decides to use these products for recreational purposes.

As a Georgia injury lawyer I read more and more about ATV accidents involving serious injuries and deaths, especially among children. Although there have been dozens of tragic deaths, I recall that in 2003 five Georgia children died after a car struck their ATV. The children, ranging in age from 11 to 14, had piled into the ATV and were going for a ride on a winding road during a birthday party when the collision occurred.

Two years ago, we represented the estate of a young girl who riding (as a passenger) on the back of an ATV being driven by another young girl at night. Our client was thrown from the ATV which resulted in her sustaining internal injuries which lead to her death.

Parents who purchase ATV’s and make them available to children may be exposing themselves to substantial personal liability when they fail to supervise the use of them. Many of the tragic cases I read about involve children riding other children on the back of the ATV. Other than with a few models manufactures most ATV’s clearly have labels which say that they are not to be used to ride passengers. Yet parents continue to allow their underage children to ride quests around on the back of the ATV. If it is not bad enough that they are allowed to ride passengers, many do so at night on public roads!

In Georgia, a parent can be held liable if they negligently entrust an ATV to a child who injures or kills someone with it. They can be held liable to a third party for failing to properly supervise a child operating an ATV and can certainly be held liable for knowingly allowing a child to operate an ATV in a negligent or dangerous manner. If the parents provide the ATV for the use and enjoyment of the family, they can be held responsible to third parties for injuries or death caused by its use or misuse.

If you or a loved one have been seriously injured as a result of the negligent operation of an ATV, call the Georgia injury lawyers at Finch McCranie, LLP.

With the growing popularity of ATV’s or All-Terrain Vehicles, serious injury and death cases are on the increase in Georgia, especially among children. Believe it or not, the only legal requirements governing ATV operation in Georgia are that they have brakes and a muffler, and that the operators do not ride on private property without permission. Because of the ever increasing number of fatalities and serious injuries to ATV operators, especially children, the Georgia legislature decided it was necessary to study this problem to determine whether additional safety requirements should be added to the current law. To this end, the House ATV Safety Study Committee was created. The committee organized three public forums in three regions of the state for the purpose of hearing testimony from local law enforcement, medical professionals, ATV enthusiasts, industry representatives and concerned citizens about the issues surrounding safe ATV operation. In December 2005, the committee issued their report. One of the findings of the committee was that almost all ATV fatalities or serious injuries occur while violating one or more of the Consumer Product Safety Commission’s “Rules of ATV Operation”. Those rules are as follows:

1. Children under sixteen (16) should not ride adult-sized ATV (engines bigger than 90 cc’s).
2. Take a hands-on safety course.
3. Always wear a helmet while on an ATV.
4. Never drive an ATV on paved roads.
5. Never drive while under the influence of drugs or alcohol.
6. Never drive an ATV with a passenger, and never ride as a passenger.

Notwithstanding all of the “work” that went into studying the problem, as of 2009 Georgia has yet to enact any legislation governing ATV operation in Georgia. Adults and parents of children must act responsibly to insure that ATV’s are not made available to young children and that they are operated safely. Some models of ATV’s have been found to have design defects and to have been manufactured with defective parts rendering them dangerous even if operated properly.

If you or a loved one has been seriously injured on an ATV, call the Georgia injury lawyers and product liability lawyers at Finch McCranie, LLP.

Every year the Georgia injury attorneys at Finch McCranie, LLP get calls about people being seriously injured on All Terrain Vehicles (ATVs), especially children. Just last year we had a wrongful death case involving a minor and an ATV. In that case, we represented the family of a young girl who was thrown off of the back of an ATV while riding as a passenger, at night and with no helmet! As spring approaches, a quick warning about the dangers of ATVs is in order. When used appropriately and with proper safety precautions, ATVs can be an enjoyable form of recreation. However, when used inappropriately, these vehicles pose a great risk for catastrophic injury, including TBI (Traumatic Brain Injury). Consumer critics argue more limitations must be placed on ATV use. Backing then are some staggering numbers. For instance, children under the age of 16 account for two-thirds (2/3) of ATV-related deaths and injuries. Some states have passed regulations prohibiting young children from riding and requiring riders to wear helmets. One state (North Carolina) now requires safety training for all ATV riders. Unfortunately Georgia has no age restrictions and no helmet law. Regardless of what the lawmakers say, parents must insure their children are safely using ATVs, in order to avoid serious injuries or death. In our recent case, neither the driver of the ATV or the passenger were being properly supervised by adults. As a result of negligent supervision, she died. If you or a loved one have been injured on an ATV either as a result of a product defect of the ATV or because of the negligence of someone operating one, call the experienced lawyers at Finch McCranie, LLP at (800) 228-9159.

Not a month goes by that the Georgia injury lawyers at Finch McCranie, LLP don’t run into serious automobile accident or tractor trailer accident cases where our client has sustained a traumatic brain injury to some degree. These can occur from all types of accidents, including workers compensation accidents, ATV/All Terrain Vehicle accidents, motorcycle accidents and premises liability accidents.

A traumatic brain injury (TBI) is caused by a blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain. Not all blows or jolts to the head result in a TBI. The severity of a TBI may range from “mild,” i.e., a brief change in mental status or consciousness to “severe,” i.e., an extended period of unconsciousness or amnesia after the injury. According to the Centers for Disease Control (CDC), TBIs contribute to a substantial number of deaths and cases of permanent disability annually. Of the 1.4 million people who sustain a TBI each year in the United States, 50,000 die; 235,000 are hospitalized; and 1.1 million are treated and released from an emergency department. Among children, ages 0 to 14 years, TBI results in an estimated 2,685 deaths; 37,000 hospitalizations; and 435,000 emergency department visits annually. The number of people with TBI who are not seen in an emergency department or who receive no care is unknown. Interestingly, the two leading causes of TBI are falls (28%) and motor vehicle crashes (20%).

If you or a loved one has sustained a severe head injury in an accident, contact the experienced lawyers at Finch McCranie, LLP. (800) 228-9159

It was learned last week that Federal safety officials are investigating the Yamaha Rhino, which has been linked to 30 deaths. The Consumer Product Safety Commission (CPSC) decision to investigate the Yamaha Rhino was based on accident and death reports involving the vehicle as well as the high number of product liability suits that have been filed by people who claim they were injured using this product. Unlike another class of off-roaders all terrain vehicles (ATV’s), are subject to safety standards. Unfortunately the Consumer Product Safety Commission has not set safety standards for vehicles like the Rhino, which it classifies as a utility terrain vehicle, or UTV.

Although off-road vehicles are involved in hundreds of accidents every year, critics say the Yamaha Rhino is even more likely to be involved in one particular type of mishap - rollover accidents. Critics allege that the Yamaha Rhino is top heavy and it has tires that are extremely narrow. These design defects make it for more likely that the Yamaha Rhino will tip and rollover while going through a turn even when the vehicle is traveling at a slow speed and is on a flat surface.

Victims of ATV and UTV rollover accidents usually experience severe lower extremity injuries such as broken or crushed legs, ankles or feet. In some cases, victims have been permanently disabled and have had limbs amputated following such accidents.

Hopefully products liability lawsuits that are being filed against Yamaha will lead to them to acknowledge their legal responsibility to injured riders and lead to measures which make the Rhino a safe vehicle. To date, Yamaha has made no design changes to improve the stability or handling of the Yamaha Rhino in spite of the availability of safe and inexpensive alternative designs and feasible modifications.

If you or anyone that you know have been seriously injured on a Yamaha Rhino you should consult one of the product liability lawyers at Finch McCranie, LLP.