Motorcycle accidents likely result in severe injuries and significant damages, often leaving victims in physical, emotional, and financial distress. In many cases, these accidents may not be solely caused by rider error or negligence but can also involve defects in the motorcycle itself or its components. When a defective product contributes to a motorcycle accident, the legal concept of product liability comes into play. 

Product liability has to do with the legal responsibility of manufacturers, distributors, suppliers, and retailers for allowing defective products into the hands of consumers. Suppose you have been involved in a motorcycle accident and suspect a defective product played a role. In that case, it is vital to understand product liability claims and the necessary steps to protect your rights.

What Are the Steps to Take in a Product Liability Claim

If you believe that a defective product contributed to your motorcycle accident, it is crucial to take the following steps to protect your rights and pursue a product liability claim:

• Seek medical attention: Prioritize your health and safety by seeking quick medical attention for your injuries. Documenting your injuries and receiving appropriate treatment is essential for your well-being and legal case.

• Preserve evidence: Preserve any evidence related to the accident and the defective product. This can include photographs of the accident scene, the motorcycle, and any visible defects. Keep records of medical reports, repair bills, and any communication with the manufacturer or retailer.

• Consult an attorney: Consult an experienced personal injury lawyer with extensive product liability claims experience. They can evaluate the specific circumstances of your case, guide you through the legal process, and protect your rights and interests. After a Southfield motorcycle accident, contact Christensen Law to forward your claim. 

• Investigation: Your attorney will thoroughly investigate to gather evidence, consult with experts, and identify potential defendants. They will analyze the product’s design, manufacturing process, and any relevant industry standards or regulations.

• Expert witnesses: Depending on the case’s complexity, your attorney may retain expert witnesses who can provide professional opinions on the defect, its impact on the accident, and the extent of your injuries.

• Negotiation or litigation: Your attorney will work to negotiate a fair settlement with the at-fault parties, considering the extent of your injuries, medical expenses, lost wages, and other damages. If a fair settlement cannot be reached, your attorney will proceed with litigation and represent your interests in court.

Determining Product Liability in Motorcycle Accidents

Product liability claims in motorcycle accidents typically involve defective motorcycles, faulty parts, or inadequate safety equipment. To establish a product liability case, four key elements must be proven:

1. You have encountered a defective product: It must be shown that the motorcycle or a specific component was defective. Defects can occur due to design flaws, manufacturing errors, or inadequate warnings and instructions.
2. This product has caused the user harm: The defect in the product must be directly linked to the accident and resulting injuries. It must be demonstrated that the defect was the largest factor in causing the accident or exacerbating the injuries.
3. There was a duty of care: The defendant, typically the manufacturer or distributor, had to ensure that the product was safe for its intended use. This duty includes designing, manufacturing, testing, and providing appropriate warnings or instructions.
4. A breach of duty has occurred: It must be proven that the defendant breached their duty of care by failing to fulfill their obligations, resulting in the defective product being allowed into the hands of consumers.

Types of Product Liability Claims in Motorcycle Accidents

Product liability claims in motorcycle accidents can fall into three main categories. These categories will be explained in more detail below:

1. Defective design: These claims involve flaws in the motorcycle’s design that make it inherently dangerous or unsafe. Design defects affect an entire line of motorcycles or a specific model and can lead to accidents and injuries.
2. Manufacturing defects occur during the production or assembly process, resulting in a defect in an otherwise properly designed product. These defects can occur due to materials, assembly, or quality control errors.
3. Failure to warn: Failure to provide adequate warnings or instructions about the potential risks and safe usage of the motorcycle can also give rise to product liability claims. If the manufacturer or distributor fails to provide sufficient warnings or instructions, they may be held liable for any resulting injuries.

Don’t Let Faulty Products Ruin Your Ride!

Product liability claims in motorcycle accidents are ever-changing and require a total understanding of the legal principles involved. If you believe a defective product contributed to your motorcycle accident, speaking with a knowledgeable personal injury lawyer specializing in product liability cases is key. They can assess the viability of your claim, walk you through the legal process, and protect your rights after the accident.