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DEFENDANT’S Product Liability – Design Defect – Defendant urges plaintiff to use ATV with faulty brakes – Defendant manufacturer distributes an ATV prone to rollovers – Plaintiff suffers shoulder separation in ATV rollover accident.

Philadelphia County, PA

In this mixed liability case, the plaintiff alleged that the defendant individual was negligent for failing to warn the plaintiff of the defective front brakes and the defendant manufacturer was negligent for designing and manufacturing a defective All-Terrain Vehicle. The defendant owner denied all liability as did the defendant manufacturer.

On June 22, ________, the plaintiff was riding an ATV owned by the first defendant and manufactured by the second defendant. As the plaintiff was attempting to slow the vehicle using both the front and rear brakes he discovered that the front brakes were not functioning and when he applied the rear brakes they locked, which caused the ATV to fishtail and ultimately roll over. The plaintiff suffered a grade 5 ac shoulder separation and his wife filed a claim for loss of consortium.

The negligence of the defendant individual consisted of failing to warn that the front brakes were not functioning properly, failing to warn the plaintiff of the rider weight restrictions and failing to properly instruct the plaintiff on the proper use of the ATV. The contentions against the manufacturer were negligent design, manufacture and marketing of a defective ATV, designing an ATV in a manner that rendered it prone to rollovers and failing to have proper warnings of the weight limits of the ATV.

Both defendants denied all liability. The individual defendant specifically denied that the plaintiff was using the ATV at the urging and with permission of the defendant. The defendant manufacturer denied all liability claiming that they did not breach any duty to the plaintiff and the plaintiff assumed the risk of his actions and was comparatively negligent.The jury found that neither defendant was negligent.

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