Like any other type of modern vehicle, motorcycles are immensely complex machines made up of thousands of interconnected parts, and a flaw in even one of those parts can lead to the entire vehicle not functioning properly. Unfortunately, sometimes, the point at which a motorcycle stops working correctly occurs when that motorcycle is in motion on a major highway, which can lead to serious accidents for which the motorcycle’s manufacturer may be civilly liable.
In order to protect themselves from having to pay out for these kinds of injuries, manufacturers often issue recall notices to consumers once they learn of a serious defect in one of their products. However, as any seasoned motorcycle injury lawyer knows, litigation based around motorcycle defects and recalls in Tempe is rarely quite as simple as that. You may still have grounds to file suit over a defect-related injury even if a recall notice has already gone out for that flaw.
Manufacturers in the United States are expected to ensure every product they make and sell is free of serious defects in design, manufacturing, and marketing before the product leaves their direct control. They can be held strictly liable for any injuries stemming from their failure to meet this expectation. What this means in practice is that if a company sells a motorcycle with a dangerous flaw in it, they are theoretically always liable for injuries caused by that flaw, as long as those injuries occurred while a consumer was using the product reasonably for its intended purpose.
Notably, if a manufacturer has already issued a recall notice for a particular motorcycle defect, anyone in Tempe who gets injured by that defect after being notified of the recall generally will not have valid grounds to file suit over that injury. That said, manufacturers are not always diligent about conducting recalls as required by federal law, so it may be worth discussing legal options with a skilled attorney.
Much like any other kind of personal injury litigation, it is possible to recover for economic and non-economic losses through a successful product liability claim filed over a motorcycle defect or recall in Tempe. While every claim is unique, just like every injured plaintiff is, examples of damages that often play a role in claims like this include:
Once again, a seasoned lawyer can help identify losses that should be factored into a specific lawsuit or settlement demand and proactively demand a fair amount of restitution for all of them.
As a consumer, you have a right to expect that everything you buy from a manufacturer is reasonably safe to use as directed. In reality, however, that right is all too often infringed upon, and when that happens with something as potentially deadly as a motorcycle, the results of an unaddressed defect can be nothing short of catastrophic.
If you have been injured in this way or have questions about litigation based on motorcycle defects and recalls in Tempe, the legal professionals at Phillips Law Group are here to help. Call today to schedule a free, no-obligation consultation with a member of our team.
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