Protective gear, such as helmets, and defensive driving can significantly decrease the chance of severe injury in a motorcycle collision. However, a defect in the bike or failure of one of its parts can lead to especially traumatic accidents even for the safest of motorcyclists. If you were harmed by a motorcycle defect in Rock Hill, contact an experienced personal injury attorney at Schiller & Hamilton. Our lawyers focus on helping injured motorcyclists secure compensation from the sellers or manufacturers of defective and dangerous vehicles.
Defective Bikes Trigger Strict Liability
Any product available for sale should be safe for its intended use. If a rider can prove that a particular motorcycle was unsafe in a given circumstance, anyone who had a role in introducing that product into the marketplace could be liable for the injuries and property damage it caused.
A well-practiced lawyer could investigate a motorcycle accident in Rock Hill to determine whether mechanical failure was a contributing factor. If so, the companies responsible for bringing the defective item to the market could be held responsible in a civil claim for damages. These liable parties might include the:
- Designer of the defective vehicle or part
South Carolina applies the theory of strict liability to everyone involved in producing or selling a defective product. This means that an injured victim does not need to prove that the liable party knew of the defect or wrongdoing in bringing the faulty bike to market. A plaintiff in Rock Hill and their skilled attorney only need to show that the motorcycle was defective, and that the defect caused their injuries.
For a free legal consultation with a motorcycle defects and recalls lawyer serving Rock Hill, call 1-855-865-4907
Limits to Defective Product Liability Laws in Rock Hill
South Carolina Code §15-73-10 outlines two limits to the application of strict liability that could be relevant to Rock Hill motorcycle riders. A knowledgeable attorney in the area could advise on whether one of these exceptions might complicate a particular motorcycle defect case.
First, strict liability applies only if the product was not significantly altered after it left the control of the seller. Many motorcyclists like to accessorize their bikes, and a potentially liable party might contend that accessorizing altered the part that failed.
Second, the law says strict liability does not apply if the user knew about the defect and used the product anyway. If a biker made the decision to ride the motorcycle despite knowing that it might fail, they are responsible any accident due to vehicle defects rather than on the parties who brought the product to market.
Rock Hill Motorcycle Defects and Recalls Lawyer Near Me 1-855-865-4907
Consult an Attorney on Motorcycle Defects in Rock Hill
Motorcycle accident cases are often complex, especially when they involve mechanical failure. It takes a skilled legal team to thoroughly investigate an accident and determine whether the victim has a strong product liability case for their motorcycle defects in Rock Hill.
Even if the evidence for product liability is not strong, a biker still might have a case against other negligent parties. If you were injured in a defective motorcycle crash, the attorneys at Schiller & Hamilton could help you determine the best option for your circumstances. Call today to set up a case review at no cost or obligation.