What Is a ATV Product Defect 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

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. your 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.

Proving Your ATV Product Defect Case

To win a personal injury case involving an atv product defect, your attorney must establish the four elements of negligence by a preponderance of the evidence.

01

Duty of Care

The other party owed you a legal duty to act in a manner that ensured your safety.

02

Breach of Duty

The other party breached that duty by failing to act as a reasonably prudent person would have.

03

Causation

The breach directly caused your injuries. We gather evidence proving that but for their negligence, you would not have been harmed.

04

Damages

You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result.

Compensation Available in ATV Product Defect Cases

Victims of an atv product defect injuries in Georgia and South Carolina can pursue economic damages (quantifiable financial losses) and non-economic damages (quality-of-life impacts). There is no cap on compensatory damages in either state.

Economic Damages

  • Past and future medical expenses
  • Lost wages or income
  • Loss of earning capacity
  • Property damage and repair/replacement
  • Cost of rehabilitation and physical therapy
  • Assistive medical equipment
  • Cost of long-term or lifelong care

Non-Economic Damages

  • Pain and suffering
  • Mental and emotional distress
  • Loss of companionship (spouse/family)
  • Disability and disfigurement
  • Loss of enjoyment of life
  • Humiliation or loss of reputation

Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.

Statute of Limitations for ATV Product Defect Cases

The statute of limitations is the legal deadline for filing a personal injury lawsuit. 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). Missing this deadline permanently bars your claim.

🍑 Georgia Filing Deadline 2 Years O.C.G.A. § 9-3-33
🌙 South Carolina Filing Deadline 3 Years S.C. Code § 15-3-530

If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation.

What If I'm Partially At Fault?

🍑 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.

For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys work to minimize any fault assigned to you.

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
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Roden Law ATV Product Defect Lawyers Results at a Glance

$250M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating based on 500+ verified reviews
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated May 2026.

Recent Case Results

Settlement $27,000,000 $27,000,000 Settlement | Truck Accident
Verdict $10,860,000 $10,860,000 Verdict | Product Liability
Recovery $9,800,000 $9,800,000 Recovery | Premises Liability

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.