By Nuttall Brown & Coutts
What can an off-road fire injury claim involve?
A product injury claim usually looks at whether the vehicle or a part was unsafe and whether that caused the burns. That often means saving the vehicle for expert inspection, gathering recall and service records, and documenting medical costs and lost work. Every case depends on its own facts and the law of the state.
- Saving the vehicle so experts can inspect it.
- Gathering records, including recall notices and service history.
- Showing what the injuries cost: medical bills, lost work and pain.
- Learning who may be responsible: a maker, a seller or someone else.
A recall alone does not prove what caused a particular fire. A claim may still be possible when a recall repair was done, depending on the facts.
What if a passenger or child was burned?
Passengers, including children, can be hurt in an off-road vehicle fire. CPSC's 16-146 notice reports “one death of a 15 year old passenger from a rollover that resulted in a fire” (CPSC 16-146 (opens in new tab)), and its 16-257 notice reports a fire that “led to a young child suffering severe burns” (CPSC 16-257 (opens in new tab)). A passenger's situation can be different from the driver's, and a parent or guardian usually acts for an injured child. We can review it with you.
What can damages include?
Depending on the facts and the law of the state, damages in an injury claim can include medical bills and future care, lost income, pain and suffering, and scarring or disfigurement. In a death case, family members may have their own claims. No result can be promised in any case.
How do attorney fees work?
You pay no attorney fee unless we recover money for you. Depending on your fee agreement, you may be responsible for case costs and expenses.
CPSC's 2018 civil penalty announcement is quoted on our recalls page.
Who might be responsible for an off-road vehicle fire?
Depending on the facts, responsibility can involve the company that made the vehicle or a part, the dealer that sold or repaired it, a rental or tour company, or someone who installed aftermarket parts. Sometimes more than one is involved. Finding out usually starts with the vehicle and its records.
What kinds of product claims are there?
Product injury claims often fall into three broad types: a design problem, a manufacturing problem in a particular vehicle or part, or missing or unclear warnings and instructions. Which theories apply, and what must be shown, depends on the facts and on the law of the state.
How long do I have to file?
Every state sets deadlines, called statutes of limitations and sometimes statutes of repose, and they differ by state and type of claim. Some can be short. Evidence can also disappear quickly. For both reasons, it is best to ask a lawyer about your deadline soon after the fire.
What happens during a case review?
- We listen to what happened and ask about the vehicle, the injuries and any recall letters.
- We look at whether the vehicle and records have been saved, and explain how they can be protected.
- We tell you honestly whether we may be able to help, and what next steps could look like.
- If we can't help, we will tell you.
Does a claim always mean going to court?
No. Many injury claims are resolved without a trial, but some are not, and no one can promise how a case will go. Filing a lawsuit can be a step in the process even when a case later settles. We will explain the options at each stage so you can decide.
Questions after an off-road fire?
Burned in an ATV or side-by-side fire, or caring for someone who was? Tell us what happened and we will review it for free. You decide what happens next.