The U.S. Consumer Product Safety Commission (CPSC) and Luyuan Inc. are warning consumers to stop using all Luyuan youth ATV models right away to avoid serious injury or death. The problem with these ATVs is that do not comply with mandatory safety standards for children under 10 years old, such as a maximum speed limit and other requirements.
Products Sold Nationwide
The youth ATVs are intended for use by children ages 6 and older. However, Luyuan’s ATVs don’t comply with the mandatory maximum speed limitations posing the risk of a high-speed crash that may lead to serious injury or death to young children. The ATVs were marketed on Amazon.com to children as young as 12 months of age and on Walmart.com to children as young as 5.
The ATVs were also sold online at familygokarts.com, Bigtoysgreencountry.com, Bigtoyusa.com and Saferwholesale.com. In addition, the ATVs were sold at several in-store dealerships. Luyuan distributed these ATVs beginning in August 2018 through August 2020. CPSC has pressed the company for a recall, but Luyuan has resisted saying it is working to provide a remedy to consumers that resolves the safety issues in the ATVs.
Both CPSC and Luyuan are urging consumers to stop using these products right away and report any incidents to CPSC. It appears that there have been no reported injuries or deaths as a result of these ATVs so far.
ATV Deaths and Liability Issues
As of Dec. 1, 2018, CPSC had received reports of 15,744 ATV-related fatalities between 1982 and 2018. During that same period, the agency received reports of 3,353 ATV-related fatalities of children under 16 years of age. This represents 21% of the total number of ATV-related fatalities. In 2016, of the 591 ATV-related fatalities 11% were children under 16. Of those 45% were under age 12.
It is important for parents and caregivers to realize that ATVs are not toys. They are vehicles, and it takes skills and abilities to drive them. To market such a product to toddlers is absolutely irresponsible. Companies that make these vehicles also have a responsibility and duty to make them safe for users and to market them to the appropriate age groups.
If you or a loved one has been injured as the result of a faulty or dangerous ATV, you may be able to seek compensation for the injuries, damages and losses sustained. Injured victims may be able to seek damages including medical expenses, cost of hospitalization, surgeries, rehabilitation, permanent injuries, disabilities and pain and suffering. If you have lost a loved one in an ATV accident, you may be able to file a wrongful death lawsuit against the manufacturer, depending on the nature and circumstances of the accident as well. An experienced auto defect lawyer will be able to advise victims and their families regarding their legal rights and options.