When is an Accident Really a Products Liability Case?

Posted on behalf of Arnold Law Firm in

ATV on sunny daySuccessful business man John Doe took his family to a recreational sand dune area for some summer fun with their utility task vehicles (UTVs). With one son riding as a passenger and another following behind in a second UTV, John’s vehicle rolled forward and landed upside down at the bottom of one of the sand dunes.

He was trapped in the UTV and had to be extricated and flown by helicopter to a trauma center. John suffered major cervical spinal cord injuries, rendering him quadriplegic. Not only was he no longer able to care for himself and his family, his sons were struggling with having seen such a horrific event happen to their father.

Clearly, John and his family experienced devastating losses, but risk is associated with operating recreational vehicles. Was there really a negligent party responsible?

When he contacted the Arnold Law Firm, John’s case had not been accepted by other law firms. Our legal team took a closer look.

When John purchased recreational vehicles for his family, he paid special attention to include ample safety measures, such as 5-point harness seat belts, helmets and seemingly solid roll-over protection systems (ROPS). He also ensured that the UTVs were operated as designed and according to manufacturer guidelines.

When John’s UTV rolled, the factory-installed safety cage (ROPS) failed as a result of inferior product design. This structure, intended to provide safety for the occupants should the vehicle tip over, collapsed instead and became a trap for the driver, crushing his spine. John’s accident case now involves a major recreational vehicle manufacturer and may help improve future UTV safety for other consumers.

Sometimes an accident is far more complex than it initially seems, such as injuries caused by faulty product designs.

If you suspect an accident you experienced involves a dangerous product, contact us at (916) 777-7777 for a free case evaluation.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.