Modern motorcycles are immensely complex machines, and even one malfunction in a critical component of that machine could lead to the entire motorcycle being inoperable. Unfortunately, ill-timed mechanical issues can also lead to accidents resulting in serious and potentially even life-altering injuries. In these situations, any operator and rider injured in that crash may have grounds to sue the motorcycle’s maker over the dangerous product they provided.
However, filing suit over a defect in a motorcycle works very differently from suing over a wreck caused by another negligent driver, and the question of whether a recall notice was issued for that problem can complicate things even further. If you want to effectively pursue a civil claim involving motorcycle defects and recalls in Reno, seeking help from a skilled motorcycle accident lawyer should be among your top priorities.
The basic premise of product liability law is that companies that make and sell products in U.S. markets are strictly liable for injuries caused by certain types of defects in those products. Legally actionable defects in this regard include fundamental problems with a motorcycle’s design that make every unit ever produced dangerous in the same way, errors in manufacturing that make specific units not work correctly, and a lack of proper marketing of risks associated with the product’s normal use, the last of which rarely factor into claims involving motorcycles.
Importantly, this strict liability only applies if the defects existed when the product left its maker’s direct control, and the injured person did not do anything to negligently or intentionally increase their own risk of injury. It is also worth mentioning that it is possible to sue over motorcycle defects and malfunctions in Reno caused by traditional negligence as well, but this can be significantly more challenging than pursuing a claim based on strict liability.
In order to avoid legal liability for injuries caused by dangerous defects, manufacturing companies that learn about defects in their products often issue voluntary recall notices for the defective products in question, or alternatively are forced to issue involuntary recalls by federal authorities. Either way, once a company properly notifies consumers of a recall, that company generally is not strictly liable for any injuries caused by that particular defect.
However, companies can still be held liable for injuries in Reno caused by a dangerous motorcycle defect that occurred before an ensuing recall notice went out, as well as for injuries resulting from a company’s failure to follow proper procedures for issuing a recall in the first place. Guidance from skilled legal counsel can be especially crucial to achieving success with claims built around grounds like this.
Taking legal action against a massive corporation that manufactures motorcycles can be an understandably intimidating prospect. Nevertheless, pursuing a claim like this can be vital to protecting your short-term and long-term best interests if you get seriously hurt because of a defect you had no reason to suspect that your motorcycle had.
A capable lawyer can answer further questions about motorcycle defects and recalls in Reno during a private initial consultation. Schedule yours by calling today.
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