Automotive parts are among the most common sources of product recalls in the United States each year. If you have recently received a recall notice for a component in your motorcycle — or for the motorcycle itself — you are entitled to have the defective part or entire machine repaired or replaced at no additional cost, provided you follow the manufacturer’s instructions.
Unfortunately, these notices do not always reach consumers quickly enough to prevent injuries caused by product defects. If you have been injured due to a defect, you may have grounds to file a lawsuit even if a recall notice has already been issued. This guide outlines how litigation related to motorcycle defects and recalls in Phoenix, AZ, operates and explains how a knowledgeable motorcycle accident lawyer from Phillips Law Group can help you enforce your rights.
What Kinds of Motorcycle Defects Justify a Lawsuit?
Under Arizona product liability law, manufacturers are strictly liable for injuries caused by defects in the design, manufacturing, or marketing of one of their products. This is provided that the defect existed when the product left its manufacturer’s direct control, and the product’s condition did not meaningfully change until a consumer was injured by it. Since marketing defects involve a manufacturer failing to properly warn a consumer about non-obvious risks associated with normal use, they typically do not play a role in Phoenix, AZ motorcycle defect claims.
However, problems with how a particular type of motorcycle was designed and mistakes made during assembly or manufacture often serve as valid grounds for this sort of litigation. Even something as small as a loose bolt or improperly sized pipe could possibly justify a lawsuit or settlement demand if it directly causes you to sustain an injury while using your motorcycle as a normal owner would.
How Recall Notices Affect Product Liability Claims
Importantly, the fact that a recall notice has been issued for a defective motorcycle in Phoenix, AZ does not immediately prevent people injured by that defect from filing suit over it. As long as the injury occurred before the injured person was properly notified of the recall, they still have grounds to file suit. Although, as a legal professional can further explain, they are still subject to the personal injury statute of limitations, which generally provides two years at most to sue after an injury first occurs.
If a motorcycle defect causes an injury after a recall notice for that defect has been sent out, it will be significantly more challenging to hold the motorcycle’s manufacturer strictly liable for that injury. That said, there may still be alternative options that a capable lawyer can help explore, potentially including a claim built around traditional negligence as opposed to strict liability.
Learn More About Motorcycle Defect and Recall Litigation From a Phoenix, AZ Attorney
Motorcycles are already more dangerous to their riders than standard commuter cars are to drivers, even if they are in perfect working order. A mechanical fault in a motorcycle can make the machine significantly more likely to cause serious injury to its owner. In some situations, a fault like this can be the basis for a product liability claim that could net you comprehensive compensation for your sustained harm.
Taking legal action over motorcycle defects and recalls in Phoenix, AZ is always easier with support from a seasoned legal representative who is unafraid to go to trial in order to get you paid what you deserve. Call today to speak with a Phillips Law Group team member and discuss your legal options.
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