The duties of designers and manufacturers who design and sell motorcycles is to create a reasonably safe and properly operating product. If the manufacturer fails to warn consumers about the hazards, they could be held liable for damages. Under Pascagoula law, a manufacturer is required to notify consumers of recalls. When a motorcycle-related product is purchased new, the manufacturer might have information about their customers. They notify the customer by telephone, e-mail, or letter. A recall letter is sent by the manufacturer to publications and the news media. The manufacturer issues news alerts and other forms of notification to alert their customers.
It is best to speak to a skilled attorney to learn about the nuances of motorcycle defects and recalls in Pascagoula. A seasoned motorcycle accident attorney could review the facts of the case and help you understand your legal options.
If a person is unaware of existing motorcycle defects or recalls in Pascagoula, and sustain a severe injury, the liability for the collision will depend on factors such as how much notice was given by the manufacturer. If a letter was sent out to all consumers by the manufacturer explaining the defects and the injured person was notified of the recall, they have some liability. Liability is a big factor for defects or improper equipment. Whether manufactured or assembled incorrectly, liability may ultimately fall on the manufacturer. Injured claimants should speak to a diligent motorcycle accident lawyer to learn about motorbike defects and recalls in Pascagoula.
Even when someone is injured using a product before a recall is announced, the manufacturer could be liable depending on the role the recall plays in the injury sustained. If someone is injured as a result of a defect that was later subject to recall, there could be imputed liability to the manufacturer. A quick settlement may be obtained without lengthy court proceedings.
One danger associated with operating a motorcycle after a recall is initiated is that the defect could make the product more dangerous, and the operator could be seriously injured or killed. Most recalls are for minor defects but should still be corrected. For the most part, defects and recalls are not patently dangerous.
When someone was using the product after a recall was announced, that is not necessarily of consequence. The manufacturer always claims that they issued a recall, and therefore, they notified the public. The public has a duty to heed the warning for the recall. The public needs to cease use of the product or turn the product in for a correction. The manufacturer is still responsible for a defect.
Sometimes, the injured motorcyclist is blamed for their motorcycle defects. They have a duty to maintain the motorcycle and keep it in good operating condition. If the injured person played a role in the assembly of the motorcycles (custom bikes), failed to maintain it correctly, or added aftermarket products that make the motorcycle unsafe, they could be at fault.
The root cause of a motorcycle defect is usually established through expert testimony. These are motorcycle experts such as engineers who examine the product to see how it was rendered unsafe.
A motorcycle accident could cause significant damage and devastating injuries. Consumers should always be aware of motorcycle defects and recalls in Pascagoula. If you are injured due to a motorcycle defect, you may be eligible to recover compensation.
Schedule a consultation to learn about your legal options.