Legal Question in Product Liability in New York

ATV Accident

My husband and I both injured in a ATV accident on 8-9-08. My husband more serious, with 7 broken ribs, which caused his lung to collapse, and is still hospitalized. I believe this accident was caused by a manufacturer defect. There is a clean break in the material on the rear right side. Our atv is a 2006 Arctic Cat TRV, with about 300 or so miles. We were on a straight way, going around 30-35 mph, and neither of us remember what happened, both of us lost consciousness. We have been atv enthusiasist for over 20 years, and have never experienced anything like this. This break in rear of the machine is the only thing I can see wrong with the machine. Can you point me in the right direction?


Asked on 8/11/08, 4:00 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: ATV Accident

This is a product liability issue, and with no memory of the incident, unless there was a witness, or an accident reconstruction expert can determine the cause, you have little chanmce of succeeding in a lawsuit. Does your husband remember what happened?

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Answered on 8/11/08, 10:18 am


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