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If you have cause to believe the ATV accident was caused by a defect of the product (or its instructions) and NOT by fault of your own, such as misuse or your own negligence or the negligence of another, an attorney may advise you to file a lawsuit under strict products liability.

SPL has three categories. You will typically allege all three in a lawsuit and let the court decide which, if any, is most fitting:

Manufacturing defect: the product was otherwise properly designed by an issue in the manufacturing process caused a defect in that individual product.

Design defect: the product was designed in such a way as to be unreasonably dangerous.

Inadequate warning: there was insufficient notice on the packaging or product to advise a reasonably prudent person of the dangers associated with the product.

You should consult a qualified attorney (which I am not) in your area for legal advice (which this is not).

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15y ago

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