UTV Defects and The Harms They Can Cause

Austin Osborn • February 20, 2019

What is a UTV?

People across the country use UTVs on a daily basis. UTV stands for Utility Task Vehicle or Utility Terrain Vehicle. UTVs are also commonly referred to as Recreational Utility Vehicles or Side-by-Sides. UTVs have grown in popularity throughout the United States due in large part to their wait for it…utility! The number of UTVs sold in the US on a yearly basis has essentially doubled over the last 10 years. [1]

UTVs are commonly used for activities ranging from transporting supplies on a ranch to exploring the desert sand dunes outside of Las Vegas. Unfortunately, while these machines can be both useful and a lot of fun, they can also be extremely dangerous. Poor design choices and safety shortcuts incorporated in a number of UTV models can result in devastating injuries and quickly change an exhilarating, adrenaline filled day into one you’d rather forget.

UTV Rollovers

One of the more alarming risks associated with UTVs is their propensity to rollover. Despite their image as an off-road and adventure vehicle, UTVs present a serious rollover risk when they encounter adverse terrain or higher rates of speed. A survey conducted in 2016 collected newspaper reports of side-by-side crashes in nine Midwest states between the years 2009-2011. [2]  During that two-year period, 79 crashes were identified and 104 people were injured in those crashes. [3] 50% of those crashes were rollovers. [4]

Unfortunately, despite their proven rollover risks, many UTVs do not perform well in rollover crashes and riders suffer the consequences. Riders in UTV rollover crashes often suffer severe and debilitating injuries. Rider injuries are commonly the result of two design flaws in the UTV. The first is poor occupant containment. In rollover events, UTV riders are often completely or partially ejected from the occupant compartment. In full ejections, riders can suffer severe injuries ranging from broken bones to traumatic brain injury or even death. A common injury in partial ejection events is limb amputation. During the rollover, the rider’s arm or leg can leave the occupant compartment and be crushed by the weight of the vehicle. Simple alternative designs like side window cargo netting can greatly improve UTV occupant containment. However, such designs are not widely incorporated by the UTV industry.

UTV Fires

The other regular design flaw in a number of UTV models is a significant fire risk when the vehicle is in a rollover. Over the last few years, hundreds of thousands of UTVs have been recalled by the Consumer Product Safety Commission because of a fire danger. [5] The fire risk stems from the UTV fuel system design, specifically the fuel vent line. In a rollover event, the design can allow gasoline or gasoline vapors to spill out and ignite if exposed to an ignition source. In those cases, riders can suffer painful burns which often lead to dramatic scars.

Though UTVs can be both useful and a lot of fun, they present serious risks and can be extremely dangerous. If you or a loved one is injured or killed in a UTV crash, call an experienced attorney as soon as possible. It is crucial that you speak to someone who can investigate the crash and identify what happened and why. The team at McCartney Stucky has years of experience doing just that in product defect cases in a multitude of industries and are ready and prepared to help those in need.


[1] UTV Market Trending Up, Motorcycle & Powersports News, March 9, 2018, available at https://www.motorcyclepowersportsnews.com/utv-market-trending-up/

[2] States: Iowa, Illinois, Kansas, Minnesota, Missouri, Nebraska, North Dakota, South Dakota and Wisconsin.

[3] Jennisen, et al, Characteristics of Side-by-Side Vehicle Crashes and Related Injuries as Determined Using Newspaper Reports from Nine U.S. States, Safety 2016, 2, 10; doi:10.3390/safety2020010

[4] Id.

[5] Christopher Jensen, Fire Danger Persists for Polaris Off-Road Vehicles, Fair Warning, March 8, 2018, available at https://www.salon.com/2018/03/08/fire-danger-persists-for-polaris-off-road-vehicles_partner/

Photo by  Pixabay

By Austin Osborn February 20, 2024
On Monday January 22, 2024, an Ulster County jury returned a verdict in favor of an injured individual represented by McCartney Stucky attorneys Terry McCartney, Austin Osborn and Rhett Wallace along with Joel Robinson from the New York City firm Robinson Yablon Cooper & Bonfante. The injured plaintiff suffered a severe left eye injury in...
Damaged white truck after a collision, with a crushed front and shattered windshield.
By Austin Osborn September 30, 2022
As lawyers handling truck accidents, we often get asked questions about cabover delivery trucks or low cab forward trucks. Unless you’re a driver, you may not know these trucks by name – but you have almost certainly seen them on the road either on the highway or in town. While they do come with some...
By Austin Osborn December 22, 2021
The Kansas City Metropolitan Bar Association held its annual meeting on December 3rd, 2021, honoring the achievements of its members and recognizing its new officers heading into 2022. McCartney Stucky partner Austin Osborn was among those honored at the ceremony. Austin received the Young Lawyer Section President’s Award which recognizes outstanding and distinguished service to...
Terrence McCartney of McCartney Stucky, LLC. Man in suit smiling, with company logo and contact info.
By Austin Osborn March 16, 2021
McCartney Stucky is pleased to announce that partner and founding member Terrence McCartney was recently honored as a member of the 2020 Irish Legal 100. The Irish Legal 100 is comprised of some of the most accomplished and distinguished lawyers of Irish descent from all across America. The full list of honorees can be found...
By Austin Osborn December 21, 2020
New York Court Holds Amazon is Subject to Strict Product Liability By: Austin T. Osborn “Can I get that on Amazon?” “Is that on Prime?” “I’m sure I can find it on Amazon.” These phrases and ones like it are commonplace in today’s world. Amazon, the e-commerce giant, delivers countless consumer products to millions of...
By Chris Daniel January 18, 2019
With all of the media coverage on airplane disasters, it’s understandable that many people suffer from pteromerhanophobia, otherwise known as “fear of flying.” However, in 2017, the fatal accident rate for commercial passenger flights was only 0.06 per million flights, or one fatal accident for every 16 million flights.[1] That being said, 347 people died...
By Austin Osborn January 4, 2019
Everyday, navigating the neighborhoods and streets of popular American cities gets easier and easier. On top of traditional means of travel such as walking, biking, cabs, rideshares and bus/train service, now you can zoom from block to block on an electric rideshare scooter. The electric scooter wave is sweeping through major American cities with companies...
By Austin Osborn December 14, 2018
More and more frequently, stories of foodborne illnesses populate the news cycles in the United States. You have undoubtedly heard about one or many of these breakouts. Whether it was the temporary shutdown of your favorite Mexican restaurant or the heads of romaine lettuce you were told to pass on for Thanksgiving, foodborne illness reached...
By Austin Osborn November 28, 2018
“It’s the most wonderful time of the year.” –Andy Williams & Retailers Everywhere. The holiday season is upon us and retailers everywhere are rejoicing as shoppers flood their stores in search of gifts of all shapes and sizes. Parents check items off their children’s lists to Santa, while some search for the perfect gift for...