Beaufort Motorcycle Defects and Recalls
When a Beaufort resident rides a motorcycle, they expect it and its parts to work as designed. While bikes are inherently risky, manufacturers are obligated to ensure these vehicles are no more dangerous than necessary to serve their function. When a manufacturer or retailer fails to address a defect, they could face civil liability for any injuries the defect causes.
If you suffered an injury due to a motorcycle defect, you could have a claim for damages. If the manufacturer was aware of the defect and failed to recall the bike or part, a skilled Beaufort lawyer may be able to help you hold the at-fault parties accountable.
Motorcycle Defective Product Claims in Beaufort
State law treats a defective motorcycle the same way as any other defective consumer good. Generally, there are three elements a Beaufort attorney must establish to prove a defective motorcycle claim. These elements are:
- A plaintiff suffered an injury from a defective motorcycle
- The motorcycle or its part was in the same condition as when it left the factory
- The motorcycle was unreasonably dangerous
The first step is to establish that a product defect exists. That is not enough to warrant compensation, however. The plaintiff must show they sustained an injury due to the defective motorcycle or part.
There are many caveats, however. The motorcycle must be in essentially the same condition as when it left the manufacturer. In other words, any substantial modifications to the bike could make recovering on a defective product claim impossible.
Finally, it is not enough for the motorcycle to be merely dangerous. To prevail in a defective motorcycle claim, a plaintiff must show the defect has rendered the motorcycle so dangerous it is unreasonable.
Defective Motorcycle Recalls
A recall occurs when a manufacturer acknowledges there is a problem with a vehicle or part. During a recall, the manufacturer will notify buyers and offer to either repair or replace the motorcycle, depending on the circumstances. While the manufacturer typically issues recalls, the federal government does have the power to recall a vehicle or part as well.
A recall can be powerful evidence in a defective motorcycle lawsuit, as it essentially operates as an admission of fault from the manufacturer. While there is no guarantee a recall will result a favorable verdict at trial, it is a useful piece of evidence for an attorney pursuing compensation on behalf of a victim.
There are important steps a consumer must take to protect their claim, however. Once the manufacturer notifies a consumer of a defect, the consumer must take steps to address it. If a rider ignores a recall notice and continues riding a defective bike, the manufacturer could use that against them at trial.
Motorcycle Defects and Recalls Could Impact Your Beaufort Injury Claim
Defective products – including motorcycles and their parts – can have catastrophic consequences. The injuries related to a motorcycle crash can be especially devastating, given the limited protection bikes offer.
If you were injured in a motorcycle crash in Beaufort, motorcycle defects and recalls could play a role in your claim. To discuss your legal options, contact Schiller & Hamilton as soon as possible.