Motorcycle Defects and Recalls in Riverdale
Riding a motorcycle is risky enough without adding the threat that your bike or one of its components is defective. Unfortunately, manufacturers looking to cash in do not always test products properly or respond quickly enough to safety concerns, which may lead to some individuals falling victim to accidents through no fault of their own.
If you have been injured because of a motorcycle defect or recall in Riverdale, you have a right to compensation from the parties whose negligence caused you harm. A motorcycle crash attorney can assist you in identifying the liable parties and holding them accountable.
Respond to Recall Information
If there are reports of issues with a product, a responsible manufacturer might issue a recall order and send notices to registered owners, informing them that a product or part must be repaired or replaced. The owner must bring the bike to the dealer or an authorized mechanic, and the necessary work is usually performed free of charge.
Ignoring a recall notice is a bad idea. Even though it might be inconvenient to bring a bike to the shop, not bringing it in could have dire consequences. If the part fails, it could cause an accident, endangering the rider and others. If the rider had notice of the recall and did not respond to it, they could be found negligent for continuing to use a vehicle that was under recall.
Sometimes a manufacturer does not initiate a voluntary recall, so a regulatory authority must order the company to recall the unsafe vehicles or parts instead. If a biker suffered an injury due to a defective part that the manufacturer later recalled, a Riverdale attorney could use the recall as evidence that the part was defective.
Strict Liability Applies to Defective Products
According to the Official Code of Georgia Annotated §51-1-11, manufacturers are strictly liable for the consequences if they put a defective product into the marketplace. Strict liability means that an injured person does not have to prove that the manufacturer was negligent. Instead, an attorney for an injured person must show the:
- Manufacturer produced the product at issue;
- Product was poorly designed to be unsafe, a production line error rendered it unsafe, or warnings were inadequate; and the
- Defect was directly responsible for causing the accident that led to the injury.
Normal wear and tear will not defeat a strict liability claim. Additionally, if a biker has altered or modified the part or the system it supports, the manufacturer could claim that the alteration caused the issue, and it should not be liable.
Preserve Rights by Taking Quick Action
In most Georgia personal injury cases, the accident victim has two years from the date of their injury to bring a lawsuit seeking damages. In a product liability case, there is an additional requirement. An injured person must bring the case within ten years of the date the product was sold.
It is smart for injured people to consult with an attorney immediately after an accident, if possible. Not only will swift action ensure they do not miss any filing deadlines, but investigations begun soon after an accident yield better evidence.
An Attorney with Familiar with Motorcycle Defects and Recalls in Riverdale Can Help
If you have suffered an injury because of a motorcycle defect or recall in Riverdale, you need competent assistance to help you get restitution for your losses. Corporate manufacturers invest considerable resources in defending themselves from liability claims, and their lawyer will not hesitate to take advantage of a layperson.
An experienced injury lawyer could face down intimidation tactics and persist until you get a fair settlement. Schedule an appointment today.