Understanding Motorcycle Defects and Recalls in Arlington
Motorcycle accidents are extremely dangerous and sometimes deadly. Motorbike wrecks can be caused by many different scenarios such as driver distraction, fatigue, road rage, and defective vehicle parts. If your accident was caused by a faulty part of your motorcycle, you could file against the people who manufactured and made your bike.
A skilled lawyer could help you understand motorcycle defects and recalls in Arlington. A motorbike wreck attorney knows all aspects of a case like yours and is prepared to fight for your compensation.
Scenarios with Faulty Motorbike Parts that Could Lead to Compensation
If an unsafe product led to a motorcycle crash, it would be a product liability case. There are three kinds of defective product cases: a negligence claim, a strict liability case, and a breach of warranty.
A simple negligence claim is where the claimant must show that carelessness in the design or manufacture of the product lead to their injuries. The hurt party must demonstrate that the defendant had a duty to sell a safe product, and that the duty was breached. This can be shown if the plaintiff proves that the defendant knew or should have known that the product was not safe. The plaintiff must also prove that the malfunctioning product caused their injuries.
Many facets of product development where negligence can occur, some examples might be:
- Drawing or reviewing product plans
- Maintaining machines that fabricate various components
- Failing to foresee plausible uses for the product
- Failing to inspect or test the product
- Releasing the product too hastily
A skilled attorney could help someone determine what unsafe motorcycle part might have caused their wreck.
Strict Liability Case
The second type of case is a strict liability case. This is if the injured party in Arlington is only required to prove that a malfunction in a motorbike product exists and that an injury was sustained as a result. If a defect exists, the manufacturer may be strictly liable for any resulting damages, regardless of whether they exercise extreme caution and care when manufacturing the product. For strict liability, the product must have been purchased in the chain of distribution. This means that products purchased secondhand are not eligible for strict liability claims.
Breach of Warranty
The third type of claim would be a breach of warranty. This is if a good is sold and there are two warranties the buyer relies on, the express warranty and the implied warranty. The express warranty is any representation about the product and its safety made by the manufacturer or retailer. The implied warranty is an implied promise by the manufacturer or other liable party that the product, if used as intended will not cause any harm. A breach of warranty cause of action covers any person who would reasonably be expected to use the product.
Could an Arlington Motorcyclist be Responsible for Vehicle Malfunctions?
A motorcyclist in Arlington cannot be blamed for the motorcycle’s defects. However, if there was an accident that caused the injuries and the motorcyclist was partially to blame for it, the total amount of recoverable damages would be reduced. This is through comparative negligence. Comparative negligence states that the damages could be reduced for whatever portion they were deemed liable as long as the plaintiff was not found over 51 percent liable for the crash.
Contact an Attorney about Understanding Motorcycle Defects and Recalls in Arlington Now
Understanding motorcycle defects and recalls in Arlington is no easy task, which is why it is highly recommended that if you were in a wreck like this, you should seek a diligent attorney right away. Our accomplished team could work with you to ensure you get the best possible case outcome. Call our office now to learn more.