Charleston motorcycle defects and recalls are more common than most people realize. These simple mistakes are, however, often caught and made known to the public. Despite the best efforts of manufacturers, sometimes mistakes are not made public. When these mistakes lead to accidents on the road, victims are often left with the financial consequences of another’s error.
Fortunately for you, you could recover compensation through a civil claim and with an experienced attorney’s help. Reach out today to start your case evaluation and to see what could be done for you.
How Common Are Defects or Product Recalls?
Recalls are becoming more frequent across all industries. That does not necessarily mean that vehicles are being made more dangerous than they were before. Awareness is much higher. Whenever awareness occurs, there are more watchdog groups examining and vetting the issues. There are more regulations that reveal the issues, and more litigation that leads to some of these things being exposed.
When a recall is made, whether it is with a motorcycle, scooter, car, or truck, there is an understanding that a problem exists that needs to be addressed. The manufacturer puts out a recall requesting customers to return a product when a defect or safety issue is identified to have it fixed or replaced, usually free of charge.
What Happens When Someone Ignores a Recall?
If someone ignores the recalls and does not take appropriate action to mitigate the problem, it may or may not be a complete bar to their case. Failure to follow up on a recall provides a defense to the manufacturer that came to the public, informed them about the issue, and offered to fix the problem.
If someone is aware of a recall or they knew or should have known about it, the defense can make a strong argument that the person is responsible for the damages that resulted, at least in part. It is up to a jury to assess how much the company is at fault or how much the party that purchased the product is fault by failing to have the recall problem fixed.
Differences Between Defects and Recalls
There could be something is defective on a motorcycle or any product and the company may or may not be aware of the defect. Regardless of whether someone is aware of the defect, it might be related to how liable they are for the damages caused by the defect.
The difference between having a defect is that when the recall identifies the defect, it is a known defect. It is a published defect that the company notified the public about. The company identifies the product involved in the recall to the public and offers to repair or exchange the product in some examples.
A recall creates a strong argument the defense can use in that they had a defect, identified it, and asked the public to respond and have the issue fixed. The further away someone gets from the date the recall was issued and does not take the product back to get it fixed, the stronger the argument is for the defense that perhaps they are not as liable as they would have been had they not issued the recall.
Defend Against Charleston Motorcycle Manufacturer Errors and Recalls with a Lawyer’s Help
Charleston motorcycle defects and recalls allow for consumers to protect themselves against honest mistakes made by manufacturers. However, there are times where negligent companies often forego notifying the public for the sake of cost. When they do this, and when accidents transpire because of these negligent acts, victims have legal recourse to hold negligent companies accountable for their actions. Contact an attorney today to see what could be done to help you.