Defective Cars, Trucks & Motorcycles
When you purchase a new car, truck, or motorcycle, you expect it to run safely without breaking down for a considerable amount of time. For the most part, the law agrees with this assumption. Laws will hold car manufacturers and motorcycle component manufacturers responsible for defects in new bikes, such as:
There are three main ways that car or motorcycle part manufacturers can be held legally responsible for injuries caused by defective products: negligence, breach of warranty, and strict products liability.
Strict Products Liability
Strict products liability lawsuits involving cars are similar to products liability lawsuits brought for defects of other types of consumer products. These types of lawsuits are often superior to lawsuits alleging negligence and breach of warranty because strict products liability lawsuits do not require the victim to prove that a contract existed or that the manufacturer violated their standard of care. To prove a case for strict products liability three basic elements must be shown. First, the company being sued must have placed the product into the market as a manufacturer, member of the chain of distribution, or as a seller of the product. Second, the product had one of three problems: a design defect, manufacturing defect, or improper warning or instructions.
A design defect is a problem with the design of a car, for example, a car that is designed with such a high center of gravity that it rolls over when making turns at normal speeds. A manufacturing defect is usually an unintended mistake or other problem with the car that happened on the assembly line. For example, if the tire manufacturer improperly assembled the final layer on a tire, making the tire prone to a blowout on the highway. Improper warnings or instructions may occur in a wide variety of ways but are often caused by an advertisement that promotes the vehicle being used in a certain way, which the actual bike cannot tolerate. One example could be a motorcycle being advertised to perform well while off-roading when it is not able to operate off-road at all.
Finally, the defect or failure to warn must have caused the injury as a result of the use of the product in the manner that it was intended to be used for.
The car defect lawyers at our Law Office can help you recover from negligent motorcycle parts manufacturers and dealers. Schedule a free consultation by calling us today.