A passenger riding in an ATV may be injured by a driver’s actions such as operating in a reckless manner, being under the influence of drugs or alcohol, or other acts of carelessness. Under Kentucky Revised Statutes 189.515, ATV operation on the road or highway is only permissible if used to perform farming-related work or plow snow. However, they may cross most two-lane roadways. Drivers of standard passenger vehicles will potentially encounter ATVs on or near roads and may fail to notice the presence of these smaller vehicles, resulting in accidents that create liability.
An ATV accident may result from defective parts used in production, and a manufacturer could potentially face a product liability claim. Errors associated with the engineering process may also create dangerous design flaws, such as insufficiencies in vehicle stability that create rollover accidents. Local agencies that rent ATVs for short-term use may have liability for failing to perform the required maintenance or face a premises liability claim for failing to warn a renter operating on their property that an unreasonably dangerous condition exists.
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