What Is a ATV & Side-by-Side Accident Case?

Injured by a defective ATV or side-by-side in Georgia or South Carolina? Our product liability attorneys hold manufacturers accountable for dangerous design defects, mechanical failures, and recalled components.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Key Takeaways

If you were injured in an atv & side-by-side accident in Georgia or South Carolina, the deadline to file a lawsuit is 2 years from the date of injury in Georgia (O.C.G.A. § 9-3-33) and 3 years in South Carolina (S.C. Code § 15-3-530). Both states follow a modified comparative negligence rule: Georgia lets you recover if you are less than 50% at fault (O.C.G.A. § 51-12-33), and South Carolina if you are less than 51% at fault (Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991)), with your award reduced by your percentage of fault either way. Roden Law represents injury victims in Georgia and South Carolina on a contingency fee: the consultation is free and there is no fee unless we win.

ATV & UTV Product Defect Claims

When an all-terrain vehicle or side-by-side malfunctions due to a manufacturing defect, design flaw, or inadequate safety warning, the consequences can be catastrophic. The CPSC has issued hundreds of ATV and UTV recalls over the past decade, covering defects ranging from fire hazards and steering failures to throttle malfunctions and brake system problems. Despite these recalls, defective ATVs and UTVs continue to injure and kill riders across Georgia and South Carolina.

At Roden Law, our product liability attorneys handle ATV and UTV defect cases against manufacturers including Polaris, Honda, Yamaha, Can-Am (BRP), Kawasaki, Arctic Cat, and CFMOTO. We retain engineering experts to analyze failed components and determine whether a defect caused or contributed to your crash.

Common ATV & UTV Product Defects

ATV and UTV product defect cases typically fall into three legal categories — manufacturing defects, design defects, and failure to warn:

  • Throttle and acceleration defects: Stuck throttles, unintended acceleration, and electronic throttle control failures that cause loss of control
  • Steering system failures: Power steering malfunctions, tie rod failures, and steering column defects that prevent the rider from controlling direction
  • Brake system defects: Brake fade, premature brake wear, hydraulic line failures, and parking brake malfunctions that fail to prevent the vehicle from moving
  • Fire hazards: Fuel system leaks, overheating exhaust components, and electrical shorts that cause engine compartment fires — a particular problem in Polaris RZR models
  • Suspension and frame failures: A-arm failures, shock absorber defects, and frame cracks that cause loss of control or structural collapse
  • Roll cage and restraint deficiencies: Inadequate roll cage strength in side-by-side vehicles, seatbelt failures, and door latch defects that allow occupant ejection during rollovers

Product Liability Law in Georgia & South Carolina

Georgia’s product liability framework under O.C.G.A. § 51-1-11 allows injured plaintiffs to pursue claims against manufacturers, distributors, and retailers in the product’s chain of commerce. Claims may be based on strict liability (the product was defective and unreasonably dangerous), negligence (the manufacturer failed to exercise reasonable care), or breach of warranty (the product failed to perform as warranted).

South Carolina’s Products Liability Act (S.C. Code § 15-73-10 et seq.) similarly imposes strict liability on manufacturers for defective products. Both states recognize the “consumer expectations” test and the “risk-utility” test for determining whether a product design is unreasonably dangerous. Georgia also has a 10-year statute of repose for product liability claims (O.C.G.A. § 51-1-11(b)), meaning claims must generally be filed within 10 years of the product’s first sale.

CPSC Recalls and Their Impact on Your Claim

A CPSC recall of the ATV or UTV model involved in your accident is powerful evidence in a product liability case. The recall demonstrates that the manufacturer itself — or the federal government — determined that the product posed an unreasonable safety risk. Our attorneys obtain complete recall files, including internal manufacturer communications, engineering analysis, consumer complaint databases, and injury reports, to build the strongest possible case against the manufacturer.

Preserving Evidence in ATV Defect Cases

If you suspect a product defect caused your ATV or UTV accident, preserving the vehicle is essential. Do not repair, dispose of, or allow anyone to modify the vehicle. Photograph it thoroughly, and inform your attorney immediately so we can issue a spoliation preservation letter to all parties. We arrange for independent engineering inspections of the failed component to document the defect before evidence is lost.

Why Choose Roden Law for ATV Product Defect Claims

Product liability cases against major ATV manufacturers require significant resources — expert engineering analysis, deposition of corporate witnesses, review of internal design documents, and often nationwide litigation coordination. Our firm has the experience and financial resources to take on these well-funded corporate defendants. We advance all case costs and work on a contingency fee basis — you pay nothing unless we recover compensation.

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What to Do After an ATV Product Defect

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. State law requires accident reports when there are injuries or significant property damage. Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

The Rules That Apply

  • In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33).
  • In South Carolina, you have 3 years (S.C. Code § 15-3-530).
  • Georgia — Modified Comparative Fault: You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.
  • South Carolina — Modified Comparative Fault: You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

How negligence, compensation, deadlines and fault work: ATV & Side-by-Side Accident Lawyers →

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
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Recent Case Results

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our ATV Product Defect Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.