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February 4, 2021

Appellate Highlights

Appellate Highlights Caveat – Any of the Court of Appeals cases listed may currently be on review pending reconsideration. Dinsmoor v. City of Phoenix and Deer Valley USD 1 CA-CV 19-0045 (6/30/20) A high school student shot and killed his classmate and then himself off campus. The classmate had previously reported threats to the school […]

 

 

ATV Recall by Yamaha

A recall has been issued by Yamaha for the company’s 2012 Big Bear 400 ATV.  According to the recall, the front shock absorber can break apart and cause the driver to lose control of the vehicle, which of course poses a crash hazard.  The recalled vehicles were sold from August 2012 to May 2013, and have the words Yamaha Big Bear on both sides of the ATV and the fuel tank.

Those who own the recalled ATV should immediately stop using the vehicle and contact their local Yamaha dealer to schedule a free repair.

Riding ATV’s (All Terrain Vehicles) is a popular activity for many families in Arizona when they are camping or just out enjoying nature.  Although riding these vehicles can be a fun family activity, it can also be a dangerous one.

The Arizona Department of Health Services reports that ATV injuries are increasing in the state, especially for those riders under the age of seventeen.  Between 2003 and 2008, the rate of deaths from ATV accidents increased dramatically.  In the year 2007 alone, 1,223 children in the state were either seen in the emergency room or hospitalized for non-fatal ATV injuries.  Tragically nine children, six of whom were not wearing helmets, died from the injuries sustained in ATV accidents.

There are those in the medical field, such as the American Academy of Orthopedic Surgeons, who suggest no one under the age of sixteen should be riding an ATV.  Phoenix Children’s Hospital suggests that parents need to gauge whether their child has “developed proper decision-making skills, eye-hand coordination, and strength” before allowing them to operate an ATV.

When a child is allowed to ride an ATV, ensure these safety tips are followed:

  • Always wear a helmet, protective eyewear and clothing.
  • Always be supervised by an adult.
  • Do not ride on paved roads, only off-road.
  • Always ride on a child-sized ATV.
  • Do not ride double on an ATV.

It is advisable for everyone who plans to ride ATVs to take a safety course through either the Arizona State Parks or the ATV Safety Institute.

ATV accidents can lead to devastating injuries that require extensive medical care and rehabilitation, as well as permanent injury and death. It is important when injured in an ATV accident to seek counsel from an experienced Arizona personal injury attorney immediately to protect your legal rights.  A knowledgeable lawyer will answer your questions and give you the personal, aggressive representation you deserve.

Original story found here.

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  • 10.0Shane L Harward

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