PEARSON & PEARSON, L.L.P.

ATV Deaths, Injuries Climbing

There are approximately 6.2 million ATVs in the United States that are operated by more than 15 million Americans, according to the U.S. Consumer Protection Safety Commission (CPSC). The agency reports that the number of ATV-related injuries increased significantly from 1997 to 2001 — with children under 16 years old suffering disproportionately.

In 1997, the CPSC reported that an estimated 54,700 ATV-related injuries were treated in U.S. emergency departments. By 2001, the number of ATV-related injuries requiring emergency treatment increased by 104 percent to 111,700.

Furthermore, the number of injuries in children under 16 increased nearly 57 percent. And almost 90 percent of youth ATV-related injuries occur when a child is operating an adult-sized ATV.

Studies of U.S. emergency department injuries also reveal an estimated 273 people die annually from ATV injuries — and more than a third of those deaths are children, who have a death risk 4 to 12 times higher than adults, according to the CPSC.

Summertime marks the height of ATV season. Injuries range from head injuries, which often result from collisions or the machines flipping or rolling over onto the rider, to arm and lower extremity fractures.

People often see ATVs as fun, go-cart like toys and fail to realize the potential dangers — including the traumatic and even fatal injuries that can result from ATV accidents. There are also no training or licensing requirements. Many people lack an understanding about the dangers associated with ATVs.

Unfortunately, instead of working to keep children off adult-size ATVs and creating meaningful standards to decrease ATV hazards, the ATV industry has been prioritizing the protection of their economic interest and seeking to shift the blame from their vehicles to the riders.

Many ATV-related deaths and injuries could be avoided if riders follow these rules:

• keep the vehicle off paved roads;
• avoid tandem rides;
• wear a helmet;
• do not drive under the influence of dugs or alcohol; and
• children must not operate adult-sized ATVs.

NEWS from CPSC

U.S. Consumer Product Safety Commission

Yamaha Motor Corp. Offers Free Repair For 450, 660, and 700 Model Rhino Vehicles
CPSC advises consumers not to use the off-road vehicles until repaired

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission (CPSC), in cooperation with Yamaha Motor Corp. U.S.A., of Cypress, Calif., is announcing a free repair program to address safety issues with all Rhino 450, 660, and 700 model off-highway recreational vehicles. Yamaha has also agreed to voluntarily suspend sale of these models immediately until repaired. Consumers should immediately stop using these popular recreational vehicles until the repair is installed by a dealer.

CPSC staff has investigated more than 50 incidents involving 46 driver and passenger deaths in these three Rhino models. More than two-thirds of the cases involved rollovers and many involved unbelted occupants. Of the rollover-related deaths and hundreds of reported injuries, some of which were serious, many appear to involve turns at relatively low speeds and on level terrain.

About 120,000 of the 450 and 660 model Rhinos have been distributed nationwide since Fall 2003. Some units have been equipped by Yamaha with half doors and additional passenger handholds, either before or after sale.

Yamaha’s repair includes the installation of a spacer on the rear wheels as well as the removal of the rear anti-sway bar to help reduce the chance of rollover and improve vehicle handling, and continued installation of half doors and additional passenger handholds where these features have not been previously installed to help keep occupants’ arms and legs inside the vehicle during a rollover and reduce injuries. Owners of the affected Rhinos should stop using them and call their dealer to schedule an appointment to have repairs made once they are available and to take advantage of a free helmet offer.

Yamaha is also voluntarily implementing the same repair program and suspension of sale for the Rhino 700 model, in order to ensure customer satisfaction. Consumers should stop riding the 700 model until it is repaired. About 25,000 Rhino 700s are part of this repair program.

ATV-Related Deaths and Injuries for All Ages
1999-2006

(ATVs with 3, 4 or Unknown Number of Wheels)

Golf Cart Injuries On The Rise

Golf carts are now used in more settings off the golf course. As a result, the number of golf cart related injuries is rising. From 1990 until 2006, nearly 150,000 golf cart-related injuries were recorded in people as young as 2 months and as old as 96 years.

Golf carts have become much faster and more powerful - some can reach 25 mph and travel over 40 miles on a single battery charge. Golf carts are now routinely used for transportation purposes at sporting events, hospitals, airports, national parks, college campuses, businesses and military bases. In many gated and retirement communities, golf carts have become the primary means of transportation. Most golf carts are not subject to federal regulation, and state and local regulations for golf carts vary widely by region.

The number of golf cart--related injuries increased steadily and significantly over the study period, from an estimated 5772 cases in 1990 to an estimated 13,411 cases in 2006, an increase of 132%. For cases in which the location of the injury was documented, the majority (70.3%) occurred at a sports or recreational facility. Injuries that occurred on the street, however, more often resulted in concussions and were more likely to require hospitalization than injuries that occurred in other locations.

Falling or jumping from a golf cart was the most common cause of injury for both adults and children (38.3%). However, children were at greater risk than adults for falls from a golf cart. Injuries caused by falls were more than twice as likely to result in injury to the head or neck, and more than six times more likely to result in concussion than injuries due to other causes.

Because golf carts are not designed for the safe transportation of children, their use for transporting children should be strongly discouraged. In addition, private and public facilities that allow golf cart use can help prevent cart--related injuries by requiring driver's licenses and safety/operations training, establishing safety policies and considering golf cart safety in the design of pathways and landscapes.

Given the large increase in golf cart--related injuries over the study period, greater efforts are needed to prevent these injuries, especially among children.