Most motorcycle crashes are caused by the negligence of a biker or another driver. However, mechanical malfunctions can also lead to collisions. Manufacturers sometimes neglect safety guidelines and fail to conduct the necessary tests before putting a product on the market. Companies might also recognize a safety concern but delay issuing a recall because they do not want lose profits.
If you were injured in a motorbike collision and believe that a manufacturing defect might be responsible for the crash, you should contact a proactive motorcycle accident attorney. A skilled lawyer who understands motorcycle defects and recalls in Marietta could help you collect the damages you deserve.
Motorbike Manufacturers are Liable for Defective Products
The Official Code of Georgia Annotated §51-1-11 establishes a strict liability standard for manufacturers who sell defective products, including faulty motorbikes. Holding a manufacturer ‘strictly’ liable means that negligence is not relevant. It does not matter whether a driver was operating their vehicle carelessly, only that the product they were using was defective and caused an injury.
An injured biker and their attorney are responsible for proving that a bike or vehicle part is defective. They could do so by demonstrating that:
- The product is poorly designed and generally unsafe
- A manufacturing error caused a defect in one specific model of the product
- Inadequate warnings, poor instructions, or shoddy installation render the product hazardous
Convincing a court that a manufacturer created a defective product can be a complicated process. Establishing product liability usually requires the testimony of engineers, designers, or other experts. An experienced Marietta attorney could help hold a negligent motorcycle manufacturer accountable for their carelessness.
Manufacturer Defense Tactics
Manufacturers often implement specific tactics when defending themselves against defective product claims. In motorcycle accident cases, a company might argue that even if their product was defective, the rider’s collision was caused by some other factor. To fight against this strategy, the injured plaintiff needs to establish a direct correlation between the product defect and their injury.
A manufacturer can only be held responsible if a product was in factory condition at the time of an accident. Many motorists like to modify parts to increase their vehicle’s performance but doing this often voids a warranty. If a component is altered, a manufacturer might claim that the modification caused a hazardous defect. An experienced Marietta attorney could help fight against the tactics used by the manufacturer of a defective motorcycle.
Recalls Work Both Ways
The voluntary recall of a product indicates a manufacturer labeled it unsafe for continued use. If a biker decides to ignore the recall and continue using the product, they might be held responsible when something goes wrong. The manufacturer could claim that the rider assumed the risk of injury, since they knew about the recall.
Sometimes manufacturers resist recalls for profit-related reasons, and a regulatory body has to revoke the dangerous product. When a biker is hurt before a product is recalled, the manufacturer could be punished for not acting sooner. A knowledgeable lawyer could investigate the circumstances of a motorcycle crash in Marietta to determine whether recalled components caused an issue.
Call a Skilled Attorney About Motorcycle Defect Cases
Motorcycle defects and recalls in Marietta could cause severe injuries for riders. If you were harmed in a motorcycle collision and believe that a faulty component caused the accident, you should seek the assistance of an experienced lawyer.
Manufacturers frequently fight against defective product claims, but a skilled attorney could help you stand up to a big corporation. Contact us today to schedule an appointment and learn more about your legal options.