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horns or other warning devices. Operators and passengers in golf carts can suffer severe and sometimes catastrophic injuries. Liability of Manufacturers, Dis- tributors, and Retailers Product liability claims for golf cart accidents when the product is unreasonably dangerous. Far too many manufacturers fail to fully test their products or they try to cut certain corners on quality to save money. To win a product liability law- suit, a plaintiff must show: • A damage or loss. This involves an actual injury or monetary loss that results from using the manufacturer/ distributor/ retailer’s product. • Defect or failure to warn. This involves showing that the product was either defectively designed or defectively manufactured or that the defendant was aware or should have been aware of the potential risks of that product’s use and failed to warn consumers about it. • Proximate cause. This involves showing that the defective product in question was the cause of the injury. • Product had been used as intended. In general, plaintiffs need to prove they were using the golf cart the way the manufacturer had intended OR in a way the manufacturer should have reasonably expected it would be used. Per F.S. 95.11, product liability claims have to be filed with- in four years of the “cause of action,” which is either when the injury occurred, or when plain- tiff knew or should have known the injury was caused by defen- dant’s conduct. A claim older than this will not have a chance to prevail. Recalled Golf Carts Manufacturers of all products owe a duty of care to consum- ers to make sure their products are reasonably safe for the intended purpose and that they will warn of potential risks. Because the potential for in- jury is so high with golf carts, which can travel up to 25 mph, manufacturers of these vehicles have a big responsibility. When golf carts fall short of expected standards posing a safety risk, manufacturers and distributors can and should issue a recall. A golf cart recall will not hinder your chances of filing a suc- cessful claim, even if your injury occurred after the recall was announced. Some examples of golf cart recalls in years past (per the Consumer Product Safety Com- mission) include: • Yamaha recalled about 161,000 Golf Cars and Personal Transportation Vehicles (PTVs in February of 2018 due to the brake cables on the golf cars and PTVs can fail, posing a crash hazard. This recall involves the following model year 2015 through 2018 gas and electric-powered golf cars , PTVs and utility vehicles. The vehicles were sold in various colors including blue, green, red, white, tan and silver. The model and serial numbers can be found on a label under the seat on the left or right side. • Club Car Gas Golf and Transport vehicles recalled 12,000 golf carts in 2015 due to improper factory-installed hose claims that could rub and wear a hole in the fuel tank, causing a leak that posed a fire hazard. • E-Z-Go Gas-Powered Golf, Shuttle and Utility Vehicles recalled 8,200 golf carts in 2015 due to potential gas tank leaks that could pose fire hazards. • Yamaha recalled 2,000 Golf Cars and Personal Transportation Vehicles in 2015 due to potential for the front wheel hub to crack, causing the front wheels to detach and pose a crash hazard. • Club Car recalled 1,800 Golf and Transport Vehicles due to a passenger hip restraint that had the potential to break and fail to hold the rider in place. • Club Car recalled 1,450 Golf and Transport Vehicles (Precedent model year 2013) in 2014 because the steering wheel mechanism had the potential to loosen and cause a crash. This list is not exhaustive by any means, but it does highlight some of the potential issues that can arise in the design and manufacturing process. JULY 2018 23