When you purchase a motorcycle, you are trusting that it is safe for use and that it was made correctly. Unfortunately, vehicle manufacturers are known for prioritizing profits over consumer safety which results in dangerous or defective parts. Sometimes, a recall may be issued too late. If you were harmed by a motorcycle defect or the manufacturer’s failure to timely recall, you may have a legal claim against the company.
Just like any other vehicle, motorcycles can have manufacturing defects or recalls that make it unsafe for drivers. When these issues cause accidents, injured riders and passengers can pursue compensation for motorcycle defects and recalls in Philadelphia. After a serious accident, you might incur medical expenses, lost income, and other damages. Our experienced motorcycle accident lawyers are here to advise you of your rights and can evaluate your claim.
To recover under a theory of products liability, injured motorcyclists must be able to prove one of the three recognized defects caused their accident. There are three main categories for motorcycle defects: design, manufacturing, and warning.
Design defects occur when there is an inherent flaw in the design of the motorcycle or a part. The design itself is the source of the problem. For example, a motorcycle with too high of a center of gravity may be prone to rolling over during sharp turns. Even if the bike is manufactured according to specifications, the defect still exists.
Manufacturing defects are an error that occurs during the actual production or assembly of the motorcycle. Unlike with a design defect, the original design of the product must have no issues. Errors during the manufacturing process cause a faulty product. A manufacturing defect on a motorcycle might involve a defective tire, wheel, or braking system that makes the vehicle dangerous to operate.
Companies that manufacture and sell consumer products, such as motorcycles, must warn of any potential dangers. As such, the company must include an instruction manual with warnings and explanation of how to operate the vehicle safely. For instance, if a motorcycle is known to overheat under certain conditions, the manufacturer has a duty to warn consumers of this risk. If it fails to adequately warn consumers about the potential dangers of a product, the company can be liable for any accident or injuries.
A Philadelphia lawyer could review the circumstances of your accident and injury and determine if you have a case against the motorcycle manufacturer for a recognized defect.
When a product like a motorcycle contains a defect or hazard, the company can issue a recall to warn consumers and mitigate liability. In most cases, the company will ask the owner of the vehicle to bring it to an approved vendor for replacement or repair to correct the safety problem. Manufacturers must remedy the safety problem and cannot place the burden on the consumer to do so.
Motorcycle recalls are issued by the National Highway and Traffic Safety Administration. If a recall is issued, the manufacturer must notify consumers by mail within thirty days and provide a report with the motorcycle make and model, the type of defect, the remedy, and other necessary information.
Motorcycle companies have a legal obligation to sell and distribute parts that are safe for consumer use and free from defects. Yet, proving that a motorcycle defect caused you harm can be an uphill battle. When you hire the Marrone Law Firm, we can investigate your claim and help gather evidence to prove your case against the manufacturer. Our office frequently works with skilled investigators who can prove the manufacturer and any other involved parties acted negligently. To learn more about your legal rights and remedies during motorcycle defects and recalls in Philadelphia, schedule a free and confidential consultation today with our personal injury law team.