Polaris Industries recently recalled just over 25,000 “Sportsman 570” ATVs after it was discovered that fuel could leak into the headlight pod of these ATVs, posing a fire hazard. There have been at least four instances where one of the ATVs caught fire as a result of the defect, although thankfully there have been no reported injuries so far.
The recall was announced on July 19, 2017, and the Consumer Product Safety Commission (CPSC) has reported that “consumers should immediately stop using the recalled ATVs and contact Polaris to schedule a free repair.”
Manufacturers must exercise a high standard of care when designing and manufacturing products. They must adequately test products to make sure they are safe, and must warn consumers about any possible risks. When manufacturers produce and sell dangerous products, victims of harm deserve to be compensated. Product liability lawsuits ensure that companies are held accountable when they put defective products on the market.
PRODUCT LIABILITY ATTORNEYS KENNESAW, GA
Many product liability cases arise because manufacturers fail to put the time and money into product development that is needed. In other cases, a company knows that a product poses a hazard, but fails to notify consumers because they don’t want sales to drop. In either case, is inexcusable for companies to put profits over the safety of consumers.
When companies try to cut costs and Georgia consumers are harmed as a result, the product liability attorneys at Williams Elleby Howard & Easter, work hard to hold them accountable and get personal injury victims the compensation they deserve.
Overview of Georgia Product Liability Claims
Under Title 51 Chapter 1 § 11(b) of the Official Code of Georgia, manufacturers of products sold to consumers as new are generally strictly liable to anyone that is harmed by a defect in one of the products. To win a strict liability claim under this statute, a plaintiff must prove beyond a preponderance of the evidence that (1) the defendant was the manufacturer of the product; (2) the product was defective when it left the control of the manufacturer; and (3) the product’s defective condition caused the harm.
Georgia product liability cases can generally be classified as either:
• Manufacturing defects;
• Design defects;
• Breach of express of implied warranty;
• Failure to warn of risks; or
• Failure to adequately test and inspect.
The recent Polaris recall is an example of a design or manufacturing defect. It is unclear whether the ATVs were designed defectively, or whether there was some error in the manufacturing process. In either case, under Georgia law, Polaris may be liable for any harm caused as a result of the defect.
If You’ve Been Injured by a Defective Product, Contact Williams Elleby Howard & Easter
If you have been injured due to a defective product, Williams Elleby Howard & Easter, can help you get justice. The Joel Williams personal injury legal team is based in Kennesaw, Georgia, and represents personal injury victims throughout the state. Williams Elleby Howard & Easter, offers free consultations, so call today to discuss your case at 833-LEGALGA.
