A cause of action for a child injured by a defective ATV may be initiated through a products liability claim. Generally, courts have applied the same principles of products liability in cases involving ATV's as they apply to cases involving other products. Thus, ATV cases have been tried under theories of strict liability, negligence, breach of warranty express or implied, and failure to warn of product dangers. For example, if an ATV flips over due to a defective design and a child is injured as a result, the manufacturer may be held negligent and strictly liable for the child’s injuries. Additionally, liability has been imposed or has been sought to be imposed on parties occupying various positions in the chain of manufacture or distribution of a product, including manufacturers, distributors, retailers, and others, arising out of their actionable behavior with respect to defects in ATV's. For instance, a manufacturer and distributor may be liable to a party who test drives an ATV prior to purchasing it, even though the purchase is never consummated and no privity exists.
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.
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