Many people feel that a golf cart is not dangerous and that it can pose very little danger if you are involved in a accident. However this is simply not true. In fact statistically, golf carts are considered to have a high likelihood of injury if you are involved in an accident. Centrifugal forces act to increase the likelihood of injury in these types of cases. Many times incorrect design of the golf cart
and lack of safety restraints will cause the injury to take place. If you have been injured in a golf cart accident contact our offices for a free case evaluation.
Brain Injury Scenarios in Golf Cart Accidents
A type of case we see frequently involves sudden left had turns by a golf cart operator, which causes the passenger to be ejected. Many times the passenger is able to land on a soft surface and suffers minor to medium injuries. However, in certain scenarios the passengers head connects with the asphalt or hard surface, causing a traumatic brain injury
Traumatic brain injuries can happen when there is sudden trauma to the head. In these cases the trauma can cause the brain to collide at an accelerated and sudden speed against the inner cranium or skull. In these instances passengers suffer serious head injuries.
When a sudden left hand turn is made the passenger will be ejected from the golf cart. Generally the side rail device installed will act as a fulcrum, twisting the passenger which will cause them to fall in a position that compromises the head. This sudden fall carries a significant impact which can result in devastating head injuries. More on brain injury lawsuit.
The Ultimate Guide to Golf accidents
– Golf Cart Accidents – Who Is Liable?
– Golf Cart Rollover Accidents
– Brain Injury After Golf Cart Accident
– Defective Golf Cart Injury Attorney
– Golf Ball Injury Lawsuit
Design Defect At Fault for Head Injuries
Design defects are those that apply to the manufacture and design of the product. What can make a product defective? Everything from a dangerous design to a manufacturing error. Design defects can be isolated or part of a much larger problem. If it is a design defect it is generally a product wide issue and not an isolated issue.
Golf carts are generally considered defective
when they fail to have hand grips and guard rails of a sufficient size. Certain manufacturers fail to install these types of features for their own reasons. However, if hand grips and guard rails of a specific size were installed most injuries could be prevented.
When guard rails are designed incorrectly
they can amplify the centrifugal forces caused by left hand turns. These forces along with a low rise guard rail act as a fulcrum causing the passenger to fall out of the golf cart.
Manufacturers should anticipate these types of issues
. Products should not be readily distributed without proper testing for different scenarios. It is foreseeable that you will have reckless or high speed drivers. In fact if you produce a device that can go a certain speed, you should take note of potential ejection issues. Here, manufacturers did not consider safety when designing certain golf cart models. Had they evaluated potential safety hazards, the likelihood of detecting the defect would be high.
These types of design defects occur with a prototype model, which must be extensively tested before production and distribution. In fact there should be long term market testing done before a product is released into the market. However, based on the design flaws persistent in these types of products it is plausible that very little market testing was done.
After a Golf Cart Accident
If you are thinking of pursuing a claim for damages there are a few things to consider. First, know your respective statute of limitations. Statute of limitations are different in each state. You must look for the statute of limitations for filing a product liability lawsuit. You may have anywhere between 1 year, 2 years or more depending on your jurisdiction. If you are having trouble finding this info contact an attorney.
Second, keep all evidence. DO NOT TAMPER with the product
. Tampering includes returning the product, attempting to fix or any alteration to the device after the accident. You must keep the device in its respective condition until after an investigator or expert has viewed. One of the worst things you can do is attempt to tamper with the device. By doing so you are essentially destroying your case.
Make sure you keep in mind these two important factors before considering a lawsuit for a golf cart accident. Many clients are not aware of these facts and can inadvertently destroy a viable case. Always speak to someone before making a decision regarding what to do with evidence.
If you do not have the evidence in your possession, you need to speak with whoever has the product. Many times you will need to have a spoliation of evidence letter sent out to the party who has possession. This will allow us to preserve all necessary for inspection and evaluation.
You can reach the Downtown L.A. Law firm
at (855) 339-8879
with any questions you may have regarding your claim.
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Traumatic Brain Injury Legal Guide