A product recall has been issued on August 10, 2017, by Kawasaki Motors. The product is a four-wheel all-terrain vehicle (ATV), including both the KFX50 and KFX90 models. The reason for the recall is that the fuel tap can leak and poses a potential fire hazard.
Kawasaki issued the recall after 18 reports of fuel leaking from the fuel tap. Customers can bring their ATVs to their local Kawasaki dealers for a free repair. The estimated amount of affected units is said to be around 15,000, and they were distributed throughout numerous Kawasaki dealerships across the country.
The affected models were in circulation for five years, from 2011 to 2017. They were manufactured in Taiwan. To determine if your ATV is eligible for a free repair, search for your Vehicle Identification Number (VIN) on the front of the steel frame of the chassis, behind the bumper. Cross reference your VIN with the VINs listed here.
Kawasaki requests that you stop using your KFX50 or KFX90 immediately and seek a free repair for the leaky fuel tap.
The Risks of a Leaky Fuel Tap
A leaky fuel tap is a fire hazard. The fuel line runs from the tap to the engine; if any fuel leaks from the line onto the hot metal surface engine, it can immediately catch fire and cause a chain reaction. The flame will travel up the gas and hit the fuel tank itself, which can cause an explosion due to the small, enclosed area and release of pressure.
Driving around on an ATV with a leaky fuel tap is incredibly risky. The ATV can catch fire and, if operated in an environment that contains highly flammable surroundings, like a forest or park, can set fire to the immediate vicinity. This places not only yourself at great personal risk, but also any other individuals nearby and the area in which you are off-roading.
You can sustain severe injuries from a fire resulting from a leaky fuel tap, including burns of first, second, and third degree; lacerations; severed limbs; and others. Bystanders or people who attempt to put out the fire can also receive injuries.
The Correct Claim
When considering filing a product liability claim against a company that manufactures vehicles, you should take care to select the correct type of lawsuit. Filing the wrong lawsuit may result in an outright denial of your claim and bring you no restitution whatsoever.
Concerning the Kawasaki KFX models, the fuel taps were defective. A claim against the defective parts is most fitting, as it addresses the singular issue of the tap not working as it was intended to. This defect may have happened at any time during the creation process; whether it happened at the factory, in distribution, or at the dealership does not matter to your claim. This claim is different from an unreasonably dangerous design claim, which is made on the premise that the part in question was properly manufactured.
You also have the ability to name multiple potential defendants in your claim. That is, if Kawasaki knowingly sold a model with a leaky fuel tap, and the fuel tap was made by a specific company, and the dealership from which you purchased the vehicle was aware of the hazard, you could name all three entities in your lawsuit.
The most important part of winning a product liability case is ensuring that you have the necessary evidence to present to the insurance agency or the court. You should have evidence of your injury, the leaky fuel tap and ATV itself, any statements from witnesses or bystanders, any doctor’s notes, and any photos or videos taken of the incident and the aftermath. Therefore, it is integral that you hold on to the vehicle and do not return it.
You should make sure:
(1) DO NOT return the item to the manufacturer ot receive a refund; that will destroy all evidence you have to pursue the case.
(2) DO NOT tamper with the product or try to fix it.
(3) Seek immediate medical attention with a doctor so that there is no gap in medical treatment.
(4) Hold on to any receipts or documentation of purchase.
Your Entitled Compensation
As a victim of a defective product on a vehicle, you are entitled to various types of compensation.
Medical coverage: This includes any past or future medical treatment you receive. You can be reimbursed for hospitalization, surgery, skin grafts, medication, doctor’s visits, and follow up appointments.
Work wages: Your injuries may not allow you to go to work for some time, whether due to time spent recovering or because of numerous doctor’s appointments and treatments. You can recover these lost wages from the responsible party’s insurance agency.
Pain and suffering: Some events are traumatizing, and if your ATV catches fire or explodes, you can be emotionally distressed in the aftermath of the incident. If any other damages occurred – if a friend were hurt or there was widespread damage to the area – you may feel even worse and suffer from depression and anxiety. Any mental anguish is liable to be covered.
Property damage: You can receive restitution for lost or damaged property stemming from a defective part on your ATV. The cost of the ATV itself can be recovered, as well as any other belongings you had on your person at the time of the fire, if they were damaged; further, if you were driving on your property when the accident occurred, you can sue for any damages that happened to your house, yard, shed, garage, etc.
A Law Firm for You
Normandie Law Firm can help you with your product liability case for your ATV. We are a team of experienced attorneys who have presided over liability claims for years, and we are confident that we can bring you the necessary restitution you deserve. An accident stemming from a faulty product should not leave you responsible for your own damages. The company should be held liable, and our aggressive lawyers will do what it takes to make sure the company pays what is due.
Our firm operates on a zero fee guarantee, meaning we do not get any payment for our services from you until we win your case and you earn a settlement. You have no responsibility to paying us unless we win. If we lose, you owe us nothing.
Call Normandie Law Firm today for a free legal consultation on your product liability claim.
