Motorcycle maintenance should be a priority for your safety and the safety of those with whom you share the road. Sometimes, an accident occurs not because you did not maintain your bike but because it has an inherent flaw. Hopefully, the manufacturer or the National Highway Traffic Safety Administration (NHTSA) will issue a recall before that flaw causes an accident.
Motorcycle defects can occur in the design or manufacturing phase. Take a recall seriously if you receive one or find your bike on the recall list published on the NHTSA website. If the flaw manifests itself while you are riding, you could suffer catastrophic injuries. When motorcycle defects and recalls in Inverness cause a wreck, our skilled attorneys are ready to take legal action.
Manufacturers’ Role When a Motorcycle is Recalled
Under product liability law, manufacturers must file reports to inform the public, and especially purchasers, about:
- The nature of the defect
- What occurred to necessitate a recall
- The motorcycle models or equipment being recalled
- Information about how the defect will be fixed
- Anticipated time frame for the recall and repair
Manufacturers must also make a reasonable effort to contact buyers in Inverness about a motorcycle recall. They usually check vehicle registration information and their sales records to identify who should be notified. If a motorcycle part is defective, distributors are notified.
Defective Motorcycles and Lawsuits
The National Traffic and Motor Vehicle Safety Act of 1966 requires manufacturers to conduct the necessary repair work to fix the defect after motorcyclists are notified. The repairs are free to the owner. Manufacturers have incentive to repair defects because any accident attributed to the flaw occurring after a recall is firm ground for a product liability lawsuit if the motorcyclist is injured because of it.
Inverness motorcyclists injured in accidents caused by defects after a recall should consult a skilled attorney to learn how they can be compensated.
Defective products, including motorcycles, can be the basis for product liability lawsuits under the doctrines of negligence, breach of warranty, or strict liability.
A person’s attorney proves negligence by offering evidence that the motorcycle or parts manufacturer or designer had a duty to the public to release a safe product into the stream of commerce but did not, and they knew or should have known it was defective. If the defect is the cause of a motorcyclist’s injury, the defendant should be found negligent.
Breach of warranty claims are either express or implied. If a manufacturer makes specific claims the buyer relies on, the warranty is express. An implied warranty assumes the product is safe if it is used as the manufacturer intended.
Strict liability claims are based on products that are defective even though the manufacturer or designer was not negligent. The plaintiff cannot buy the motorcycle secondhand but must purchase it from a dealer in strict liability cases. A knowledgeable lawyer will know which doctrine to rely on in a motorcycle defects case.
Talk to an Attorney About Motorcycle Defects and Recalls
If you are a motorcycle enthusiast, you know the value of maintaining them. However, a maintained motorcycle with a defect you do not know about can lead to a catastrophic accident. Manufacturers have a duty to inform you of any defects and fix them free of charge.
If they fail to let you know and you are injured because of the defect, you have a solid case for product liability. You are entitled to compensation for your medical bills, rehabilitation, the cost to repair or replace your motorcycle, and for all the suffering you are enduring. Call our office now to talk about motorcycle defects and recalls in Inverness.