The Cochran Firm Legal Blog

Good for Business, but Are They Good Enough for Americans?

Last year, legislation gave the Consumer Products Safety Commission (CPSC) new powers for regulating imports that are intended to be used by children. They also made voluntary safety guidelines for ATVs (All-Terrain Vehicles) into mandatory safety standards. The latter move was in response to an increasing number of Chinese-made imported ATVs, normally small and intended to be used by children, whose manufacturers did not follow the voluntary safety guidelines. Although some are praising this change in standards, others claim that it is not enough, that ATVs should face the same level of regulation as cars and that children under age 16 should not be allowed to use these dangerous products.

Some charge that the growing number of ATVs imported from China and not meeting US safety standards pose a significant threat to children. They claim that making safety standards mandatory is a necessary move to protect children. Others claim that the imposition of safety standards is primarily a move to level the playing field between manufacturers of domestic and imported ATVs, and isn't likely to lead to increased safety for children.

According to the CPSC, about 90 percent of accidents involving children, of which there are over 10,000 per year, occur because children are operating ATVs that are too large and powerful for them. Child safety advocacy groups claim that ATVs are inherently unsafe for children, and that increased safety standards would have no impact.

It is hard to know what impact mandatory safety standards will have on childhood injuries and deaths related to ATV use. Although overall ATV-related deaths have continued to grow, reaching over 800 per year in 2005, and likely to reach nearly 900 for 2008, the number of children's deaths has been falling, especially as a fraction of overall deaths. During the first years for which records were kept, the period from 1982-1989, children younger than 16 made up about 40% of all ATV-related deaths. In 2007, the last year for which reasonable figures are available, children made up only about 20% of all ATV-related deaths. Large declines in children's deaths seem to be associated first with the voluntary ban on three-wheeled ATVs and second with the growing number of child-oriented, Chinese-made, less powerful ATVs.

Short of banning children under age 16 from using ATVs, increasing the number of less powerful, Chinese-made ATVs seems the best route for decreasing children's ATV-related deaths. Ironically, "leveling the playing field" with mandatory safety regulation may work against that and against children's safety.

If you or a loved one has been hurt by an ATV or another dangerous consumer product, the product liability lawyers at The Cochran Firm stand ready to represent you. Please contact us today for a free case evaluation.