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Manufacturer's Failure to Warn Against Risks

The number of accidents involving ATV’s has grown dramatically in recent years. Therefore, there has also been an increase in litigation regarding ATV injuries, especially when it comes to children. The Consumer Product Safety Commission has reported that due to the inherently dangerous nature of ATVs it is crucial that operators be responsible and follow the safety laws and regulations regarding ATVs. In Florida the laws regarding ATVs are:

• All ATVs operated on public land must be titled;
• All riders under 16 must wear a helmet and eye protection at all times; and
• ATV use is prohibited on paved roads.

A cause of action may arise if a responsible party fails to give the appropriate warnings regarding ATVs. For instance, where a manufacturer fails give an appropriate warning on an ATV that an average consumer can read and understand a failure to warn theory may be a viable cause of action. For example, ATVs are designed to carry only one person at a time, without a passenger. If the manufacturer fails to adequately warn consumers with a readable label of the one rider requirement, the manufacturer may be held liable for a child’s resulting injuries.

If your child is injured by an ATV due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the injured child the compensation and justice he or she deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. You need an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.




 All material contained in this site is for informational purposes only and is not meant to take the place of a licensed lawyer. Attempting to use this material to help yourself may result in irreparable harm to your case. Please consult a License Florida lawyer for help. Examples including case law, rules of procedure and satutory law are for demonstrative purposes and may not be Florida Specific. No attorney client relationship is formed unless we accept your case and you sign a contract.
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