ATVs From China - Danger Ahead!

The US Consumer Products Safety Commissionneither the physical strength nor the life experience
regulates over 15,000 products. All terrain vehicles,and judgement to handle an ATV safely in all
ATV's, top the Commission's list as the deadliestcircumstances. They recommend that children under
product in their portfolio. Each year more than 900the age of 16 should be prohibited from driving them.
people, many of them children, die from theseIn a 2005 press release, the Academy called ATV's
off-road vehicles. Now an even more dangerous type"the perfect recipe for tragedy."Each year more than
of ATV has appeared. Looking for a way to break100 children die on ATV's, and another 40,000 are
into the lucrative US market, Chinese manufacturerstreated in emergency rooms.
have produced smaller, cheaper ATV's and marketedConcerned Families for ATV Safety is an organization
these as vehicles for children. Where youth modelsof parents who have lost children in accidents. They
of established ATV brands like Yamaha and Hondapoint out that there is no evidence that children are
can cost upwards of $2000, prices for Chinese ATV'ssafer on "child-sized" vehicles.
for children and youth average $500.An additional concern about ATV's marketed for
ATV's are a $5 billion market, and the Consumerchildren is the large number of vehicle components
Products Safety Commission is concerned about themade of lead, or containing lead. Legislation passed
influx of these small, cheap, vehicles from China. Thelast year directs the Consumer Products Safety
Commission has recently adopted a set ofCommission to limit the lead content of any product
mandatory safety standards for all ATV's sold in theprimarily used by children under 12. This requirement
US.will not be enforced until 2011, but it will force
One model that came to the Commision's attention,manufacturers of child-size ATV's to rethink their
was priced at $250. It was sporty-looking anddesigns.
colorful; it also lacked front brakes. Its handlebarIf you or your child have been seriously injured, a
assembly had sharp edges, and no protectiveloved one has died in an ATV accident, and you
padding, so that a young rider flung against it couldbelieve that defects in the vehicle's design
be injured. The Commission voiced their very strongcontributed to the accident, you may want to
concerns to Fushin, the manufacturer, and in Maydiscuss your case with a personal injury lawyer
2009, Fushin recalled the vehicle.experienced in product design and ATV litigation. An
The small Chinese models are particularly dangerousexperienced ATV attorney can help you determine
because they are target for use by children, some aswhether you have a case, and what your options
young as 6 years. Unlike cars and motorcycles, theremay be.
are no federal or state licensure requirements, norCalifornia product liability law holds all members of a
standards for evaluating who is capable of handlingdistribution chain responsible for a dangerous or
one. The American Academy of Pediatrics' policy ondefective product---the designer, the manufacturer,
ATV's states that the safe use of an All Terrainsuppliers of component parts, the wholesaler, and the
Vehicle requires as much skill and judgement asretail store that sold the product.
driving a car or truck, and that young children have