Golf car injuries are common and unfortunately the injuries suffered can be serious. While there are certain instances where the injury is caused by driver error, there are plenty of cases where the injury is caused by golf cart defects. Unlike automobiles, golf carts are not required to install of have restraints i.e. seat belts installed. Our question is whether this defect makes all golf carts inherently defective
No Seat-belts Installed In Golf Cart
are not installed with safety restraints, because it makes for easy in-and-out transportation. Rather they are installed with side bars, which are often times not of the appropriate height. Additionally these side bars serve as a weak system to restraint passengers from ejection if sudden left turns are made by the driver.
In such cases the driver making the left turn is able to properly secure himself by using the steering wheel. However, the passenger will not be able to do so. Rather the side semicircular bar serves as a fulcrum, which will cause the passenger to rotate and subsequently fall. This side bar is insufficient as a method of restraint and continues to cause thousands of injuries annually.
Failure to install sufficient restraints is a serious safety hazard. This industry wide issue needs to be addressed and corrected before countless other parties suffer from avoidable injuries. Restraints would substantially reduce the occurrence of serious accidents and save countless lives each year. Additionally, any increase in cost can be absorbed either in the profits made by manufacturers or by the consumer.
Liability for Injuries
Who should be liable for injuries sustained from a golf cart injury
? Since golf carts are not required to have seat belt mechanisms manufacturers may not be held liable. However failure for an industry to adopt safety measures can still hold them responsible.
Product liability laws hold a manufacturer liable when the product is defective. A product is defective
because of a manufacturing, design or labeling defect. Manufacturing defects refer to errors at the time of manufacture. While design defects apply to all product designed by the manufacturer. Label defects apply when manufacturers fail to warn of a known danger.
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
Golf carts suffer from an inherent design defect. Sidebars on golf carts which are designed as a anti-ejection system are flawed. These devices are almost always too short and fail to properly restrain occupants or avoid ejection. Additionally, these sidebars apply un-needed pressure or force, often them to become a fulcrum making ejection more likely.
Manufacturers arguments are invalid with regards to restraints in golf carts. Just because it is not industry norm, does not make it acceptable, nor does ease of access trump safety. Lack of lap restraints pose a significant injury concern, which is outweighed by any comfort element of not having such restraints available. This design defect must be corrected either by placing lap band restraints, or better design of side bars or adding handle bars are all available options which need to be explored.
Children Prone to Ejection Due to Defective Golf Carts
Due to their size, children can be prone to ejections at a higher frequency then adults. Children cannot support or balance themselves as well, and because of their height are unable to touch the floor to further secure/balance themselves. As a result sharp left turns cause them to eject from the golf cart.
After the ejection children and adults can be run-over by the actual golf cart further exacerbating there injuries. Additionally children are more likely to roll under the moving vehicle and suffer greater personal bodily injuries.
These concerns must be addressed by the industry as a whole. Failure to do so will only open them up to greater liability and continue to cause more deaths and injuries nationwide.
If you were ejected from a golf cart you can suffer massive injuries to the head and body. These injuries include:
These treatments can require long term care to correct. In some instances treatment or healing is not even possible. If you have been injured consider your options, contact Downtown L.A. Law for a free confidential case evaluation. (855) 339-8879