Were you hurt in an accident while on an ATV? It is imperative that you are able to receive medical care, justice, and financial support. In some cases, that accident must have happened because the ATV was fundamentally unsafe. An ATV manufacturer may be liable if the crash was caused by or made worse because the product was dangerous and defective. Here, our Wisconsin ATV accident lawyers explain the key things to know about product liability laws.
An ATV Manufacturer May Be Liable if a Vehicle Was Dangerous and Defective
An ATV manufacturer is by no means automatically liable for an accident. However, these companies can be held legally responsible for an accident caused by a dangerous and defective product. Here are some of the most common examples of ATV defects that can contribute to accidents and injuries:
- Brake Failure: If the braking system is defective, the ATV may not stop properly. Brake defects can stem from poor design, faulty manufacturing, or inadequate warnings about brake system limitations.
- Steering System Flaws: A malfunctioning or poorly designed steering system can cause the rider to lose control. These problems can make it difficult to navigate turns or avoid obstacles. Steering flaws may arise from improper alignment or weak components.
- Throttle Malfunction: A stuck or uncontrollable throttle can cause sudden acceleration or prevent the ATV from slowing down. The defect may be due to cable failures, electronic issues, or manufacturing flaws.
- Fuel System Leaks: A defect in the fuel system can cause leaks, leading to a fire hazard if fuel comes into contact with hot engine parts or electrical components.
- Frame or Suspension Defects: Weak or improperly welded frames and faulty suspension systems can cause structural failures—especially during jumps or higher speed riding.
- Electrical System Failures: Faulty wiring or battery issues can cause sudden power loss, engine stalling, and fire hazards. A malfunctioning electrical system is dangerous.
- Tire Defects: Poorly manufactured or improperly fitted tires can result in blowouts, loss of traction, or instability during rides. Tire problems can cause terrible accidents.
An Overview of Product Liability Laws in Wisconsin (ATV Accidents)
Corporations have a legal responsibility to ensure that their products are reasonably safe and secure for consumers. All terrain vehicles manufacturers are certainly no exception to the rule. Under Wisconsin law (Wisconsin Statutes § 895.047), a manufacturer, distributor, or other corporation can be held strictly liable for an accident caused by a product defect. To be clear, the strict liability standard means that the injured victims do not need to prove negligence. Instead, he or she only needs to demonstrate that the product defect caused their injuries.
Wisconsin applies a risk-utility test to evaluate whether a product’s design is defective, weighing its risks against potential benefits. Beyond that, if an ATV lacks adequate warnings about foreseeable risks, the manufacturer may be liable for failure to warn. These cases are highly time-sensitive. Wisconsin has a statute of limitations of three years for product liability claims.
Recovering Compensation for an ATV Manufacturer Accident
ATV accidents can cause devastating, terrible injuries. In Wisconsin, injured victims have the right to seek compensation for the full value of their damages. You can hold negligent defendants and their insurance companies liable for the full extent of your damages. Along with other types of losses, you may be entitled to recover compensation for:
- Property loss, including ATV repairs;
- Emergency room treatment;
- Hospital bills and other medical costs;
- Physical therapy and rehabilitative care;
- Loss of wages and diminished earning power;
- Pain and suffering & mental distress;
- Disability or disfigurement; and
- Wrongful death of a family member.
How Our Wisconsin ATV Accident Lawyers Can Help With a Product Liability Case
ATV accident cases are complicated—especially so for product liability claims. It can be challenging to hold a manufacturer accountable for accidents caused by a dangerous and defective product. At Fitzpatrick, Skemp & Butler, LLC, we have a proven record of successful verdicts and settlements in challenging cases, including product liability claims. Your initial consultation with our Wisconsin ATV accident attorney is free, confidential, and carries zero obligations.
Contact Our Wisconsin ATV Accident Attorney Today
At Fitzpatrick, Skemp & Butler, LLC, our Wisconsin ATV accident attorneys fight aggressively for justice. If you have any questions about a product liability lawsuit against an ATV manufacturer, we are more than ready to help. Call us now or connect with us online to arrange your free case review. With offices in La Crosse, Eau Claire, and Onalaska, we handle ATV accident cases across the region.