horns or other warning devices.
Operators and passengers in
golf carts can suffer severe and
sometimes catastrophic injuries.
Liability of Manufacturers, Dis-
tributors, and Retailers
Product liability claims for golf
cart accidents when the product
is unreasonably dangerous. Far
too many manufacturers fail to
fully test their products or they
try to cut certain corners on
quality to save money.
To win a product liability law-
suit, a plaintiff must show:
•
A damage or loss. This
involves an actual injury or
monetary loss that results
from using the manufacturer/
distributor/ retailer’s product.
•
Defect or failure to warn.
This involves showing that the
product was either defectively
designed or defectively
manufactured or that the
defendant was aware or
should have been aware of
the potential risks of that
product’s use and failed to
warn consumers about it.
•
Proximate cause. This involves
showing that the defective
product in question was the
cause of the injury.
•
Product had been used as
intended. In general, plaintiffs
need to prove they were
using the golf cart the way
the manufacturer had
intended OR in a way the
manufacturer should have
reasonably expected it would
be used.
Per F.S. 95.11, product liability
claims have to be filed with-
in four years of the “cause of
action,” which is either when the
injury occurred, or when plain-
tiff knew or should have known
the injury was caused by defen-
dant’s conduct. A claim older
than this will not have a chance
to prevail.
Recalled Golf Carts
Manufacturers of all products
owe a duty of care to consum-
ers to make sure their products
are reasonably safe for the
intended purpose and that they
will warn of potential risks.
Because the potential for in-
jury is so high with golf carts,
which can travel up to 25 mph,
manufacturers of these vehicles
have a big responsibility. When
golf carts fall short of expected
standards posing a safety risk,
manufacturers and distributors
can and should issue a recall.
A golf cart recall will not hinder
your chances of filing a suc-
cessful claim, even if your injury
occurred after the recall was
announced.
Some examples of golf cart
recalls in years past (per the
Consumer Product Safety Com-
mission) include:
•
Yamaha recalled about
161,000 Golf Cars and
Personal Transportation
Vehicles (PTVs in February of
2018 due to the brake cables
on the golf cars and PTVs
can fail, posing a crash hazard.
This recall involves the
following model year 2015
through 2018 gas and
electric-powered golf cars ,
PTVs and utility vehicles. The
vehicles were sold in various
colors including blue, green,
red, white, tan and silver. The
model and serial numbers
can be found on a label
under the seat on the left or
right side.
•
Club Car Gas Golf and
Transport vehicles recalled
12,000 golf carts in 2015 due
to improper factory-installed
hose claims that could rub
and wear a hole in the fuel
tank, causing a leak that
posed a fire hazard.
•
E-Z-Go Gas-Powered Golf,
Shuttle and Utility Vehicles
recalled 8,200 golf carts in
2015 due to potential gas
tank leaks that could pose
fire hazards.
• Yamaha recalled 2,000 Golf
Cars and Personal
Transportation Vehicles in
2015 due to potential for the
front wheel hub to crack,
causing the front wheels to
detach and pose a crash
hazard.
•
Club Car recalled 1,800 Golf
and Transport Vehicles due
to a passenger hip restraint
that had the potential to
break and fail to hold the
rider in place.
•
Club Car recalled 1,450 Golf
and Transport Vehicles
(Precedent model year 2013)
in 2014 because the
steering wheel mechanism
had the potential to loosen
and cause a crash.
This list is not exhaustive by
any means, but it does highlight
some of the potential issues
that can arise in the design and
manufacturing process.
JULY 2018
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