The obligations of Charleston motorcycle manufacturers include warning the public of defects that are discovered and that could impact people nationwide. When they fail to do so, they are inherently negligent. To hold these people accountable for their irresponsible actions, reach out to a dedicated attorney today.
The Duties of Manufacturers When Designing and Selling Motorcycles
In Charleston, the duties of designers and manufacturers when producing and selling motorcycles is to design these vehicles in a way that is relatively safe. The bikes’ designs are sent into the manufacturing process after being drafted, and the manufacturers are supposed to make the product, the motorcycle, to the specifications of that design.
If there is something about the product that was designed, that the manufacturer approved for its intended use, that has some danger points to it that the consumer should be aware of, or that they may not be aware of unless they are warned, there should be adequate warnings provided by the manufacturer to the consumer about the motorcycle. When these warnings are not issued, then the Charleston manufacturers would not be meeting their legal obligations.
Common Defect Personal Injury Claims for Motorcycle Accident Victims
Some common scenarios in which an injured party may receive compensation following a motorcycle recall or defect include when the design process has some flaws, something was not done right, a mistake was made, or there was negligence. The design for a part or the bike itself may be a good design, but then the manufacturer when building the motorcycle did something wrong completing the design as intended. In either case, victims could suffer because of a manufacturers mistake. This, in turn, could lead to compensation for victims should they choose to hold these entities legally accountable.
In many situations, riders or owners of the bike could fail to receive adequate warnings about something that is very dangerous about the motorcycle. Knowing there is a problem and not doing a recall would be a good example of an instance that could lead to legal recovery. In any of those scenarios, if the motorcycle company manufacturer created that problem and it leads to injury, the injured party likely has a case for a claim against the manufacturer.
When there are recalls, the recall does not let the manufacturer off the hook. When a recall is made and the person that owns the motorcycle does not respond to the recall in a timely manner or at all, it could raise some defenses on the negligent manufacturer’s behalf.
Could a Motorcyclist Be at Fault for Their Bike’s Defects?
It is not so much that they are blamed for the defects, as so much as it is their inaction to fix a defect that they were given adequate notice of. If there is a problem that is identified by the manufacturer or some government agency, the manufacturer tells the public about it and then issues a recall on parts or the product entirely. If the user of the motorcycle does not heed those warnings or those directives to take in the motorcycle to get whatever is wrong or defective fixed, it could lead to an argument. It may not be a winning argument. It might be a winning argument. It boils down to the facts and circumstances of a case. It could lead into the defense from the manufacturer that the person operating the motorcycle is either partially at-fault or wholly at-fault, because they did not follow the directives of the recall.
Establishing the Cause of the Defect
The root cause of a motorcycle’s defect is typically established by expert opinion. That expert opinion usually is some type of engineer or some type of product expert that knows about the product and about the way that design is supposed to be. They would have to establish that there was something defective, either in the design of the product, which in this case is the motorcycle, and the manufacturer of the motorcycle provided adequate warnings about the danger or risk that they were aware of, but that the public would not necessarily be aware of. If they are able to establish one or all of those things, they could establish it as a design defect, a manufacturing defect, or a warning defect and they would have a viable claim. It does not mean they would win a case in court. They would, however, have a claim that they could proceed with against the motorcycle manufacturer.
Learn More About the Obligations of Charleston Motorbike Manufacturers from an Attorney
Despite the best efforts of designers, mistakes in production do occur. When these mistakes happen, the obligations of Charleston motorcycle manufacturers include warning the public about these errors. When they elect to do the opposite, they become liable for the injuries that unsuspecting riders suffer as a result.
To hold these negligent manufacturers accountable, contact an attorney today.