Defective ATVs
In a recent post, I discussed ways ATV operators can drive more safely. What I didn’t mention are the dangers associated with the shoddy design and manufacture of some ATVs, especially ones produced in China for children. A child or adult can be a cautious driver, but if he is driving a defective ATV, the safe operation of his vehicle may not count for much. The same, of course, is also true for cars and trucks that are defectively designed and manufactured. As a personal injury attorney in Petersburg, Virginia, I’ve seen these cases as well.
Recently, ATVs made in China have attracted attention in the press. According to a New York Times article, some small ATVs imported from China and marketed for young children are unsafe. Some lack front brakes or come equipped with sharp handlebars that may cause injury. Others are designed with a narrow wheel base that makes the vehicles more likely to flip over. The situation has deteriorated to such an extent that, at one port in this country, customs officials seized a ship’s cargo of Chinese ATVs because they did not meet United States safety standards.
Because there is a demand in the United States for inexpensive, ATVs made for children, Chinese manufacturers seem willing to cut corners in their design and production in order to capture market share. The less it costs these companies to make child sized ATVs, the cheaper the price they can charge, the more ATVs they will sell, and the more profit they will make. Because these vehicles are low-priced, more and more of them are sold to Americans every year.
And it’s not just ATVs. More faulty products of all kinds have been entering the United States. Last year, Congress finally took action and passed the Consumer Product Safety Improvement Act which applies to many consumer products. Under the new statute, safety standards for the design of ATVs are mandatory. Previously, they had been voluntary. Remember, however, that ATVs do not have to meet the same federal safety standards that cars and trucks do. This means ATVs will continue to be more dangerous than they should be. What can you do?
First, think twice about whether it is a good idea to buy any ATV, American made or a Chinese import, for a child under 12. ATVs are not toys. They are powerful, potentially dangerous machines, and children don’t have the driving experience or judgment to handle them safely. Avoid buying ATVs over the internet. You will want to examine the vehicle you buy first hand. Test its brakes and steering mechanism. Consider the width of its wheel base and ask yourself if it is more likely than other ATVs to tip over on rough terrain. Look for obvious manufacturing and design flaws. Where your children are concerned, you can’t be too careful.
Labels: Motor Vehicle Accidents, Personal Injury