Wrongful Death in ATV Fire Cases

Wrongful death lawsuits are not unheard of in the wake of ATV fires and other accidents. Polaris Industries, a prominent all-terrain vehicle manufacturer, was the subject of a wrongful death suit in 2017, following the death of two women in Utah whose vehicles tipped over and caught fire. The fires began after gasoline started leaking and before their seatbelts could be unfastened.

Families of the women killed in the accident were seeking damages, the amount of which was not disclosed. However, an investigation determined the fuel neck broke when it contacted the ground, and that the fuel tank was located close to the seats. Inadequate shielding was also found, which would have protected the tank and its contents during a rollover.

Numerous fires involving Polaris ATVs have been reported. In April 2017, the company recalled 51,000 vehicles due to faulty heat shields, following a recall of over 19,000 all-terrain vehicles in March. The units involved mostly had heat shields at risk of melting. Some had faulty exhaust springs; both problems increased the risk of fires and other burn hazards.

In 2012, a $2.7 million settlement was reached as part of a lawsuit over a fatal ATV crash in Wayne County, Pennsylvania. The individual alleged to have caused the crash, the driver, had previously been charged with involuntary manslaughter and homicide while driving under the influence, which was dropped following acquittal by a jury. However, the victim’s father claimed the driver was going too fast, which led to an accident causing the death.

Filing a Wrongful Death Action

Common law does not recognize actions or liability for wrongful death, although statutes issued by many states allow for a cause of action. They come into play if an injury sustained in an accident found to be the fault of another result in death. Another person’s neglect, unskillfulness, or carelessness leading to someone’s death can lead to action as well.

In such a legal action, damages are awarded to beneficiaries, such as dependent children and spouses. Courts can apply common-law principles in interpreting a wrongful-death statute under certain conditions. Remedial in nature, such provisions compensate for losses a claimant suffers directly because of the decedent’s death. In terms of state laws, the statutes differ, and the applicable laws are usually those of the state where the decedent resided at the time of death. Sometimes, courts consider the place of injury, the relationship of the parties involved, or place of business.

A claim can be filed if an individual dies following impact injuries or those sustained in an ATV fire or explosion.