How manufacturers determine Charleston motorcycle recalls impacts riders on a more-than-common basis. If a motorcyclist is kept unaware of the dangers of a product recall and is subsequently victimized by that defective component, they could face a lengthy recovery.
Fortunately, when a negligent company determines not to recall a dangerous product, victims could still make a financial recovery for their losses through a liability lawsuit. Talk with an attorney today to learn more about your legal options.
How Some Parts Could Be Defective
When someone has a defective product on a motorcycle or otherwise, there are three ways it can be defective:
- The manufacturer’s design of the product is flawed
- The manufacturing process is faulty
- Failure to warn the public about the defect
An example of a flawed product design are the defective gas tanks that were put in the wrong place in vehicles in the ‘70s. When there was a low-impact rear collision, the vehicle would burst into flames.
Could Well-Designed Parts Be Defective?
Even when a product is well designed, there could be production issues that may result in a recall. While the design is accurate, somewhere in the manufacturing process, the product was not made to specifications.
Not giving proper warnings to people who are not knowledgeable and do not have any experience with a specific product is another way the product could be defective. A product may be considered defective because of inadequate warnings.
What Are Some Examples of Faulty Products?
A good example of properly made, but fault products could include a lawnmower company that knew in the ‘70s its blades were cutting off. The blade had no dead man’s device, which is a bad design. It also had no warnings about what might happen.
The lawnmower had a metal cover on top of a blade spinning around at high speeds. The company did not adequately warn people about what would happen if the lawnmower flipped over or if they were on a hill.
Bringing a Motorcycle Lawsuit Against Manufactures
If a motorcycle fits in any of the three categories and one can prove that it is defective in one or more of those ways, that could lead to proving liability against the motorcycle manufacturer, which is half the case. The attorney moves on to the amount of damages caused by the defect in the design, manufacturing, or warnings of the motorcycle.
Liability and Claims Against Wrongdoers
A product liability case involves a defective product by design, manufacture, or by lack of warnings. If the company’s design is correct but somebody else manufactured it separate from the design, that may lead to a defense argument that the design was not faulty. Perhaps, that defendant would have less liability than the party that manufactured it in an improper way, not the way it was designed.
Proving liability is fact-driven. Sometimes it involves a bad design, faulty manufacturing, inadequate warnings, or just one of those things. If someone is able to prove one or more of the elements, liability is proven. They move on to how much the damages are that occurred from the injuries.
Learn More About How Manufacturers Determine Recalls from a Charleston Attorney Today
How manufacturers in Charleston determine motorcycle recalls largely impacts the market consumers’ safety needs. If a designer does not make public the hazards of a product and a victim is directly impacted by this choice, that victim could bring a lawsuit against that negligent manufacturer. To learn more about your options, reach out to an attorney today.