Memphis Injury Lawyer Blog

Yesterday, the Consumer Products Safety Commision reported a recall of connecting rods and crankshaft assemblies made by http://www.wiseco.com/. this voluntary recall was made necessary due to the likelihood of injuries in the event that these parts should fail during their intended use.

A product such as these, under Tennessee law, is unreasonably dangerous if a consumer's reasonable expectation of the intended use of the product is not met due to some inherent defect in the product. Dirt Bikes are used not only for off road travel but also are used in competition. These specialty connecting rods and crankshaft assemblies are marketed to those who are enthusiasts of this sport. It is not hard to understand that, even when used according to manufacturer's instructions, these parts are going to be put to use in conditions that are far more challenging than simple street riding.

According to a study posted by the Centers For Disease Control in 2003, 4,769 people were treated for Moto-Cross injuries and 19,031 people were treated in Emergency Rooms for off-road injuries. Still more startling is the fact that from 2001 through 2004, 29,800 riders were injured each year from this activity. By contrast a statistical study in the Journal of Pediatrics reports:

From 1993 through 2000, an estimated 22 661 (95% confidence interval [CI]: 16 668–28 654) or 4.9 per 100 000 (95% CI: 3.6–6.2) children ≤ 14 years old with nonfatal FA injuries were treated in US hospital EDs. Assaults accounted for 41.5% of nonfatal FA injuries, and unintentional injuries accounted for 43.1%. Approximately 4 of 5 children who sustained a nonfatal, unintentional FA injury were reportedly shot by themselves or by a friend, a relative, or another person known to them. During this period, 5542, or 1.20 per 100 000 (95% CI: 1.17, 1.23), children ≤14 years old died from FA injuries; 1 of every 5 children who were wounded by a firearm gunshot died from that injury. Most FA deaths were violence related, with homicides and suicides constituting 54.7% and 21.9% of these deaths, respectively. For individuals ≤14 years old, the burden of morbidity and mortality associated with FA injuries falls disproportionately on boys, blacks, and children 10 to 14 years old. Both fatal and nonfatal injury rates declined >50% during the study period.

Caution and parental supervision is critical in the pursuit of off-road motorbiking. Each year Tennessee, Mississippi and Arkansas residents are injured by riding accidents. It makes common sense to avoid the avoidable risks,such as known defective products. However, if injuries do happen, an experienced trial lawyer can investigate and advise you accordingly.