On February 13th, 2020, Textron recalled over 20,000 of its off-road vehicles. The vehicles have defective wires in the starter generator, which can lead to sparking and fire hazards. The wire may come into contact with the exhaust pipe attached to the engine, leading to it igniting.
The vehicles that were recalled include the E-Z-GO, Cushman, and Tracker off-road vehicles. The vehicles have varying numbers of seats and are essentially unprotected; they have roofs but no doors or sides. Some of the vehicles have utility beds. They were sold in various colors, including red and blue.
The vehicles were manufactured in the United States and sold at off-road dealerships across the country. They were manufactured from November 2018 through June 2019. They ranged in price from $6,300 to $13,400. There have been 13 reports of wires burning or melting during the vehicle’s trip, and in some cases, the vehicle stopped functioning. A single fire erupted from the defective wires. There have been no injuries reiterated by the company.
Textron recommends that all consumers stop using the vehicles and seek a repair from the company. The company is contacting individuals who gave their information so they can set up a repair for them.
Injuries from Accidents with Defective Off-Road Vehicles
There are many ways that you can be injured in an off-road vehicle accident. Because the vehicles are not protected at all, you could suffer worse injuries than in a regular car accident. For example, if the off-road vehicle hits a ditch or tips over, you will be ejected from the vehicle or potentially pinned beneath it. It has no way of protecting its passengers in the event of an accident.
Fire hazards from defective wires can also lead to accidents. A fire in a vehicle is extremely dangerous because of all the combustible material and flammable liquids. In the worst or most extreme cases, the vehicles can explode. If you end up suffering burn injuries from a defective wire or a fire on the vehicle, you can have lingering damage.
Burn injuries may be mild, like first degree burns that only harm the surface of the skin. They turn the skin a darker red and are sensitive to the touch. A small blister may appear, but it will not be too serious. However, second and third degree burns are much more dangerous. The deeper levels of the skin get damaged with these burns and have longer recovery times or more lasting consequences. There may be hypersensitivity to light and touch, or there may be total numbness from nerve damage. There could be blisters, infections, and more. In the worst cases, you may see charring or total necrosis of the skin. You could require skin grafts to repair the area.
It is important that you pursue adequate legal action if you were hurt or burned by a defective Textron off-road vehicle.
How to Sue Textron for Damages
To sue Textron for damages, you must first show that the company was liable. Product liability lawsuits only require you to show one of these three points as true. They are as follows:
- There was a design error with the vehicle
- There was a manufacturing error with the vehicle
- There were no warning signs or hazard symbols on the vehicle
The wires being defective can likely be linked to a manufacturing error. The company is recommending a repair, which indicates that they were either made wrong, affixed too close to the exhaust pipe, or did not meet the specifications they were supposed to. The plant or machine assembling the vehicles could have made an error instead of there already being an error with the design from the beginning.
Once you have proven that the company is liable, you can submit evidence. It is important to gather evidence as soon as you are involved in an accident. Firstly, you should go to the doctor for medical treatment. Do not wait too long to go to the hospital – if you do, the insurance agent handling the case will doubt the validity of your injuries and claim that you were hurt elsewhere. If you wait too long, your health can also get worse.
While at the doctor, get copies of any medical receipts, test results, medication prescriptions, and more.
Take photos of your injuries to show the extent of the damage. Also, take photos of the scene of the accident and the damage that happened to the off-road vehicle. You may be able to get videos if someone had a Go Pro on at the time, but it is not a guarantee.
If there were eyewitnesses who saw the accident happen or the fire start, you can add them to your claim. Their testimonies and statements will greatly benefit you.
Do not throw away or return the off-road vehicle to Tetron. Do not try to fix it. Do not bring it to a repair shop. Do not tamper with it. Do not ask for a refund from the company or allow them to take it back for a repair or replacement. If you do any of these actions, it is likely that you will lose your most crucial piece of evidence and your claim will highly suffer.
Lastly, call a product liability lawyer in Los Angeles who can handle your claim for you. If you have never taken legal action, you may not be able to adequately proceed. Our firm will work around the clock to accurately represent you and pursue your deserved settlement.
Product Liability Lawsuit Statute of Limitations
Product liability lawsuits are a type of personal injury claim. Therefore, they have a California-mandated statute of limitations of 2 years from the date of the injury. It is recommended that you pursue legal action quickly; waiting to do so will increase the risk of your evidence getting lost or corrupted over time. The statute of limitations exists so that neither party is unfairly allowed to sue or be free from action after a certain point.
You could have your statute of limitations extended beyond the 2-year deadline. This is most likely in situations where victims are under the age of 18 years old (their statutes would begin upon turning legal age) or where victims are left mentally unwell or physically incapable of suing (their statutes would resume when they return to functional health or presence of mind). It is also possible for the defendant to leave the state, which would postpone the statute of limitations until he returns.
The primary reason that victims fail to get compensation is the lack of awareness of the statute of limitations. It is not uncommon for people to bring up product liability claims well after the statute of limitations has expired, and there is nothing they can do to take legal action. You should not chance missing the deadline – contact our lawyers for help filing your documents on time.
Compensation from a Product Liability Lawsuit Against Textron
If you were injured due to a defective off road vehicle manufactured by Textron, you should be fairly compensated for your injuries. It is not fair to expect to pay for these bills and such if you were not the cause in the first place. We will strive to negotiate a fair deal from the insurance agent – he will consider certain factors in your case and make you an offer based on them. If he makes a low offer, we will counter and ensure that you are fairly covered. You could receive the following:
- Medical expenses from the past and future for surgery, hospital fees, medication and prescriptions, physical therapy sessions, and more
- Property damage for the replacement of the vehicle and other items that were damaged in the incident
- Lost income from the time you could not work, as well as future lost wages if you were unable to earn them because of recovery time or injuries
Pain and suffering damages to account for emotional trauma, PTSD, fear, anxiety, and more
- Wrongful death damages if a loved one die in the incident, such as funeral and burial expenses, loss of inheritance and savings, loss of relations and consortium, pre-death medical bills and pain and suffering, and more
You will have the best chance of earning the maximum settlement for your case if you have legal representation on your side. We know how to ensure that our clients are fully covered after incidents and injuries.
Why Choose Us
The Downtown LA Law Group has a long history of winning product liability claims for our clients we know the best routes to success and will defend your rights. Our attorneys are aggressively and will not give up on your claim. Call us today for a free legal consultation to discuss your case, its value, and how to move forward. If you want to hire us, we’ll ensure you pay no money thanks to our zero fee guarantee. This means we get paid only if we win, and if we lose, we take nothing. The company will pay our legal fees so you don’t have to.
If you want to sue Textron for injuries from an off-road vehicle, call the Downtown LA Law Group today.