While most motor vehicle collisions stem from the reckless or careless actions of someone operating one of the vehicles involved, mechanical problems can also contribute to wrecks and even be the main reason why one happens. Unfortunately, motorcycle accidents caused by malfunctions tend to have more serious consequences than accidents involving other types of cars, since even a minor issue can cause a motorcycle to lose balance and overturn while traveling at speed.
For this reason, motorcycle manufacturers are expected to ensure their products are free of significant defects before selling them to consumers. They are also expected to recall products that they discover to be defective. If the manufacturer of your motorcycle failed to fulfill either of these obligations, and you were hurt as a direct result, a motorcycle injury lawyer experienced with handling motorcycle defects and recalls in Glendale may be able to help you file suit.
Product manufacturers in the United States are often “strictly liable” for injuries caused by their products being defective in one of three specific ways. For motorcycles, the two types of legally actionable defects that most commonly serve as grounds for lawsuits are problems with the motorcycle’s core design and errors made during manufacturing. The third type of legally actionable defect is “marketing” defects, but this kind of defect rarely forms part of a claim regarding defective and/or recalled motorcycles in Glendale because motorcycle riders generally understand that their vehicles are dangerous if not operated properly.
In addition to proving that a specific defect was the main and direct cause of their injury, someone intending to sue a motorcycle manufacturer under product liability law must show that the defect in question existed when the product left its manufacturer’s direct control. The injured person may also need to show that they did not meaningfully contribute to causing their injury through their own irresponsible actions—something a skilled legal professional can provide crucial assistance with.
If product manufacturers become aware of a serious defect in one of their products, they can issue product recalls voluntarily; in some extreme cases, the federal government may force them to recall the product involuntarily. Either way, the recall notice must go out to every person who purchased the product in question, notifying them of the defect and its risks and informing them of how to get the defect repaired or receive a replacement product at no additional cost.
A motorcycle owner in Glendale typically cannot file suit over any injury caused by a defect once they have been properly notified that their defective motorcycle has been recalled. However, if a defect causes an injury before a recall notice for that defect goes out, the injured person will likely have justification to sue even if they had not started the legal process by the time a recall notice was issued.
You can sue a motorcycle manufacturer for failing to provide you with a reasonably safe and functional product, in the same way that you can sue a negligent driver for colliding with you on a public road. However, these two types of cases are often different from each other in practice, and getting a favorable result from a product liability claim can be difficult to manage alone.
The dedicated motorcycle injury lawyers at Phillips Law Group are here to support you with taking legal action over motorcycle defects and recalls in Glendale. Call today to book a free, no obligation consultation and discuss your legal options.
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