On September 24, 2020, CFMOTO issued a recall for their 2020 and 2021 ZFORCE 950 Sport Recreational Off-Highway Vehicles (ROVs). According to the recall, number 20-781, the throttle gas pedal on the ROVs can fail to quickly return to the idle position, which can result in a crash risk (if the ROV does not slow down quickly when the gas pedal is released). The recall has affected approximately 627 units of the ROVs.
The recall specifically includes the 2020 and 2021 ZFORCE 950 Sport ROV (which have 963cc -cycle engines). The ROVs were available in red, silver, and gray. The CFMOTO logo is located in the center of the front grille. The model name can be found on the doors of the ROVs. The affected 2020 ROVs have an “L” on the 10th position of the VIN while the 2021 ROVs have an “M” on the 10th position of the VIN (the VIN can be found stamped on the passenger side frame rail behind the rear tire).
The recalled ROVs were available at CFMOTO dealers around the country from June 2020 through September 2020; they were sold for approximately $13,000 each.
The company claims that there have been only two reports of the throttle pedal assembly malfunctioning; allegedly, no injuries have been reported. However, it is possible that there have been a number of unreported incidents and injuries.
CFMOTO is urging all consumers affected by the recall to stop using the ROVs and contact them to schedule a free repair; the company is contacting all registered owners and dealers directly.
Is your ROV included in the recall? If so, you might be wondering whether you should follow the recommendations made by the company. If the defective product caused an incident that harmed you or a member of your family, you should not follow the recommendations made by the company (other than obviously stopping the use of the defective product). Instead, you should explore the legal options that might be available to you.
Specifically, if you or a member of your family suffered harm associated with a defective product, you might have grounds to sue – you could pursue a product liability claim. If you are interested in learning more about filing a product liability claim against CFMOTO, do not hestiate to seek legal assistance with the experts at our firm as soon as possible.
At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims. Our product liability lawyers are ready to provide you with the guidance that you need to take action after you or a member of your family suffered harm associated with a defective product. Would you like to discuss your claim with the experts at our firm? If so, contact us at your earliest convenience.
Understanding the Crash and Injury Risk
The ROVs have been recalled because the throttle gas pedal can fail to return to the idle position quickly enough; this means that the vehicle can fail to slow down promptly after the pedal is released by the driver. Unfortunately, this represents a risk of crash and injury to consumers. That is, if the driver of the ROV releases the gas pedal to slow down to avoid a collision, for instance, the vehicle may not slow down, resulting in a crash. ROV crashes are likely to result in a number of injuries, which could include some of the following:
- Brain injuries
- Head injuries
- Neck injuries (including whiplash)
- Back injuries
- Spinal cord injuries
- Fractures
- Joint injuries (including dislocations)
- Sprains and strains
- Lacerations
- Severed limbs
- Nerve injuries
- Muscle injuries
- Ligament injuries
- Scrapes and bruises
In severe cases, the injuries resulting from ROV incidents can have life-long effects; it is also possible for injuries to be fatal. Regardless of the harm that you or a member of your family suffered associated with the recalled CFMOTO ROVs, you might have grounds to pursue a claim.
You Could Sue Based on Product Liability
Based on the concept of product liability, companies owe their consumers a duty of care. More specifically, companies have a duty to ensure that their products are free of any defects in labeling, design, and manufacturing. Because of this, companies must thoroughly test and inspect their products (usually multiple times) to ensure that they are completely safe for consumers to use as intended. Unfortunately, companies can breach their duty of care towards consumers. They can fail to identify and address any defects present in their products; they can put their consumers at risk of suffering incidents which can lead to harm. If the defective product directly leads to an incident which results in harm, the company that made the defective product available for purchase can be liable (strictly due to product liability law).
What does this mean? If a company is liable for the harm that a consumer suffers, the affected consumer (or his or her surviving family) could sue. Specifically, affected parties could have the right to file a product liability claim. If you are interested in learning more about your right to pursue a product liability claim against CFMOTO for the harm that you or a member of your family suffered associated with their defective ROVs, contact our firm today.
You Could Recover Compensation
Based on the facts surrounding your defective product claim against CFMOTO, you could be eligible to receive monetary compensation. More specifically, you could recover compensation for some of the following:
- Medical expenses
- Lost earnings
- Pain and suffering
- Property damage
- Funeral and burial expenses
- Loss of consortium
- Punitive damages
If you would like to learn more about the type and amount of compensation that you could be eligible to receive if your product liability claim against CFMOTO is successful, do not hesitate to seek legal assistance with the experts at our firm immediately. The defective product attorneys at our firm are ready to fight for your right to recover the highest amount of compensation available for your claim. Our attorneys will not rest until you recover the highest amount of compensation available.
What Should You Do?
After being harmed by a defective product, there are a number of steps that affected parties must follow to prepare to sue. What should you do? Consider some of the recommendations listed below:
- Seek medical care as soon as possible
- Take photos of all injuries resulting from the incident
- Take photos of any property damage resulting from the incident
- Take photos of the entire scene of the incident
- Take photos of the defective product
- Contact the company to report the incident and the harm suffered
- Do not agree to a free repair
- Do not agree to a free replacement
- Do not agree to a refund
- Do not agree to return the defective product
- Keep the defective product as-is (in a safe place where it will neither be used or tampered with)
- Speak to witnesses (collect their contact information)
- Gather any video footage that captured the incident (including body/helmet camera footage, dash-cam footage, or surveillance camera footage)
- Gather all medical records
- Gather records relating to the purchase of the defective product
- Gather records of property damage
- Seek legal assistance as soon as possible
If you would like to learn more about the steps that you should follow if you are interested in pursuing a claim, do not hesitate to seek legal assistance at your earliest convenience.
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File Within the Statute of Limitations
If you want to sue CFMOTO for the harm that you or a member of your family suffered, you must act quickly – as your claim is subject to a strict timeline. All claims are subject to a statute of limitations. The statute of limitations determines the total time that claimants have to file their claims. When claimants fail to file their claims on time, they run the risk of losing their right to sue. What statute of limitations applies to your claim? In California, product liability claims are normally subject to a two-year statute of limitations. This means that claimants only have two years to pursue their claims. However, in some cases, exceptions could apply – which could toll or pause the applicable deadline. To ensure that you file your claim on time, contact the experts at our firm immediately and discuss the time that you have to sue.
Contact Our Firm Today
Normandie Law Firm is a personal injury law firm with many years of experience handling all sorts of claims – including product liability claims. Our attorneys are ready to provide you with the guidance that you need to hold the negligent company accountable for the harm that you or a member of your family suffered due to their defective products. Our lawyers are not afraid to sue CFMOTO or any other negligent company – you can trust that our lawyers will facilitate the legal process and help you reach a successful claim outcome.
At our firm, we offer free legal services, which include free consultations as well as free second opinions. Regardless of where you are in the legal process, we can help. During our free consultations and free second opinions, our lawyers will be available to answer all your questions and address all your concerns; our defective product attorneys will provide you with all the information that you need to reach a successful claim outcome. If you are interested in benefiting from our free legal services, contact our firm today.
To remain accessible to victims and their families, our firm offers a Zero-Fee guarantee. Our Zero-Fee guarantee ensures that our clients are not required to pay any upfront fees for any of our legal services. In addition, our firm is based on contingency; therefore, our clients will not be required to pay anything until after reaching a successful outcome. If your product liability claim is unsuccessful, you will not be responsible for paying anything.
Contact our firm today if you would like to personally discuss your claim with our experts. We are available to you 24/7.
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