Most people trust that the consumer products they buy are safe to use and free of dangerous defects. This is especially the case for automobiles. However, defects due to design and manufacturing still occur and can result in serious losses and injuries.
When you discover your motorcycle is under recall or has a defective part or component, a lawyer skilled in motorcycle defects and recalls in Clarkesville could help you understand your next steps. Call Smith Hulsey Law to speak with a trusted motorcycle accident attorney about your options.
A biker should search for legal assistance if they find a defect with their motorcycle. A rider continuing to drive a motorbike after learning of a fault could negatively impact their right to file a product liability case. If there is one defect, there are more than likely many. If the defect causes a collision, our team could demand the company pay for the subsequent harm, such as the resulting trauma and piling medical bills.
Although an injury is necessary to file a defect claim, it is not a requisite for compensation for a recall. Recalls are when the manufacturer discovers a problem with a specific motorcycle model, and to avoid continuous liability for the cycle version, they decide to take it off the market. In most situations, a maker is aware of the problem through product liability lawsuits.
Following the issuance of removal, some businesses provide settlement funds to the buyers of the motorcycle to offset the inconvenience. Others extend warranties or pay for individuals to take their cycle to a repair shop to fix the problem.
People typically receive notice of a recall directly from the motorcycle manufacturer. Previously, this process was via mail or phone, but now it is usually through email. However, corporations have a history of not notifying every single purchaser. For more information on a recall, the National Highway Traffic Safety Administration (NHTSA) compiles a list of recent ones on its webpage. A Clarkesville motorcycle defect and recalls attorney could help you get relief if your name was left off the recall list.
Product liability under the law of harm (i.e., tort law) has been around in some form for a very long time. In Georgia, product liability law became a pressing matter of public policy with cases such as Ford Motor Co. v. Carter (1977). In this spirit, Georgians have a cause of action for defective products under Georgia Code § 51-1-11.
GA Code § 51-1-11 concerns personal property and provides that when a product sold directly to a consumer causes injury to such buyer or their property, the maker shall be liable for the harm when the product is not suitable for proper use. The item’s condition as sold must be the proximate cause of the injuries to the person or their property. In other words, the buyer must prove that, but for the use of the product, there would be no injury.
The statutory time limit to bring a product liability claim for damages is ten years from the harmful incident. A Clarkesville lawyer knowledgeable in motorcycle defects and recalls could file a case for those hurt because of faulty products.
Product liability cases typically fall under one or more of three categories: a manufacturing defect, a design defect, or a maker’s failure to warn of the harm the product could cause. Our team could provide help in all three types of cases.
A lawyer versed in motorcycle defects and recalls in Clarkesville could guide you toward your next steps. Call Smith Hulsey Law today to schedule a consultation.
Smith Hulsey Law
Tap Here For Free Case consult 