Motorcycle Defects and Recalls in Rancho Mirage
Motorcycles carry an increased level of risk compared with other motor vehicles because of the required skill to operate them safely and the vulnerable position of riders. The risks of injury from an accident can become even greater when motorcycle defects and recalls in Rancho Mirage are to blame.
The experienced motorcycle crash attorneys at Walter Clark Legal Group advocate for those who suffer injuries from defective motorcycles by filing product liability claims against the responsible sellers and manufacturers.
How Motorcycle Defects and Recalls Could Cause a Collision
A motorcycle defect is a condition in the bike’s design or build that causes it not to work as intended. Defects in a motorcycle could range from inconsequential mistakes to serious flaws that inhibit its safe operation. Motorcycle defects can cause accidents in several ways, often when a bike fails to perform as the rider expects. For example, a motorcycle could have faulty brakes, bad tires, poor steering, and other flaws in the design or parts used.
If you become aware of a motorcycle defect or recall in Rancho Mirage, it’s important to avoid using the bike until the defect can be addressed through repair or replacement.
Liability for Injuries Arising from a Defective Motorcycle
Those responsible for the design, production, distribution, and sale of a defective motorcycle could face liability for injuries that occur as a result. As explained in California Jury Instructions, beginning with CACI No. 1200, a person injured in a defective product case must generally be able to establish the following:
- The product had an unreasonably dangerous condition because of a defect in its design or manufacture
- The motorcycle defect existed at the time it was sold to the injured consumer
- The motorcycle defect was a substantial factor in causing injury to the consumer
Beyond a motorcycle’s actual defect, liability for an injured person’s losses could also arise through a failure to warn claim. This liability could apply when a motorcycle seller fails to provide proper instructions about the necessary actions for safe use, handling, and maintenance of the vehicle.
Product liability cases are often complex because of the many defenses that sellers and manufacturers could raise. This can be especially true for defective motorcycle cases in Rancho Mirage because of the potential dangers of using a properly working bike. Examples of relevant defenses could include an unintended use of the motorcycle (exceeding the weight limit) or an alteration to the bike after its sale that negates applicable warranties. These defenses could prohibit claims in a personal injury lawsuit altogether or, at a minimum, reduce an injured plaintiff’s award by their percentage of misconduct under California’s comparative fault rules.
The Deadline to File a Product Liability Claim
The filing deadline for personal injury arising from a product liability claim in California is two years under California Code § 335.1. Persons injured by a motorcycle defect in Rancho Mirage must generally file their claims within two years of the accident to pursue an award for damages.
Meet With a Rancho Mirage Attorney to Discuss Motorcycle Defects and Recalls
As consumers, we have a right to expect the products we purchase and use will work as intended. When an injury results from a motorcycle defect, our seasoned product liability attorneys at Walter Clark Legal Group could provide their guidance and support in pursuing a civil claim.
Contact us today to schedule a free consultation and discuss the active motorcycle defects and recalls in Rancho Mirage.