Bad Boy Buggy Off-Road Utility Vehicles RecalledOct 22, 2009 | Parker Waichman LLP
About 3,900 Classic Buggies manufactured by Bad Boy Enterprises LLC, of Natchez, Mississippi have been recalled the U.S. Consumer Product Safety Commission (CPSC), just announced. The off-road utility vehicles were recalled due to crash hazard.
The Bad Boy Classic Buggies can accelerate without warning, posing a risk of injury to the user and/or bystander. To date, Bad Boy Enterprises has received 32 reports of unexpected acceleration, including reports of injuries such as a fractured toe, a rotator cuff injury, and sore muscles.
This recall involves Bad Boy Buggy Standard model off-road utility vehicles. The Bad Boy Buggy Standard model has one row seat that allows two persons—driver and passenger—to sit side-by-side while the vehicle is operated. The Standard model is equipped as an open-air design—no doors or windows—and does have a roof. The Bad Boy Buggy Standard models come in Realtree camouflage pattern, Hardwoods camouflage pattern, and hunter green, red, and black colors. The affected models have serial numbers between 85004828 and 95010404. The serial number is located on a sticker in a cubby on the driver’s side.
The recalled Bad Boy Buggies, which were manufactured in the United States, were sold by authorized dealers nationwide from June 2007 through July 2009 and retailed for about $10,000.
The CPSC is advising consumers to immediately stop using the recalled Bad Boy Buggies and contact their Bad Boy Buggy dealer for a free repair. Bad Boy Enterprises can be reached toll-free at 1-866-678-6701 between 8:00 a.m. and 5:00 p.m. Central Time, Monday through Friday, or at the firm’s Web site at www.badboyenterprises.com
Off-highway and off-road vehicles are involved in hundreds of accidents every year and we have been following this issue for some time. Recently, the Wall Street Journal reported that the CPSC has recommended it set mandatory rules to “regulate recreational off-highway vehicles.”
The move anticipates regulators stepping up some consumer safety issues under President Obama, who has called for increased consumer protections since he was sworn into office. The five agency commissioners, who just received a written recommendation, are mandated to now propose a rulemaking, which must be in place prior to rule implementation, said the Journal.
Poor design and regulation have both been blamed for the rising accident and fatality toll on these types of vehicles and include rider injury and death due to speed, the large size of the vehicles, and their propensity to rollover, among other cited problems said Reuters recently. And, while advocates blame industry and government, industry argues that consumers are operating the vehicles recklessly and the vehicles are safe when used properly.
Not so in this case, at least, given the Bad Boy Buggys’ defective and unexpected acceleration.