Product Liability for Defective Motorcycles in Georgia: Who Is Legally Responsible?


January 10, 2011

While motorcycles are a fun, exciting and fuel-efficient mode of transportation, they are also inherently more dangerous than a car, truck or SUV. Even if a motorcyclist rides perfectly, the rider is extremely vulnerable to careless driving by other motorists. Motorcycles provide a very small margin for error, less stability and reaction time, and virtually no protection in the event of a collision.

The risk of being involved in a serious motorcycle accident increases substantially when the rider is operating a defective motorcycle. If you are injured by a motorcycle with a product defect, you may have a right to pursue a product liability lawsuit for compensation for your medical expenses, pain and suffering, lost wages and disability. At Montlick and Associates, Attorneys at Law, we have been representing motorcycle accident victims and their families throughout Georgia for over 25 years.

A lawsuit seeking compensation for injuries caused by a defective motorcycle typically falls into two distinct categories:

  • Defective motorcycles due to improperly manufactured or handled parts
  • Unreasonably dangerous motorcycle designs

A lawsuit for compensation for injuries caused by a motorcycle with a defect in the design or defective parts is based on the applicable state's product liability law. Depending on the nature of the defect, you may sue the manufacturer of the vehicle and/or the manufacturer or supplier of the defective parts. The dealership that sold the motorcycle and the distributor or wholesaler may also be liable under product liability law depending on the specific facts of your case. It is best to consult with an experienced Georgia motorcycle accident attorney who can evaluate your accident and determine all appropriate defendants.

Even in a case where a defective motorcycle or defective component parts contribute to a serious motorcycle accident, you may still pursue a claim against other responsible parties who contributed to your injuries, including a negligent driver. You may bring both a personal injury lawsuit based on negligence (i.e. carelessness) against the driver and a motorcycle product liability lawsuit. Liability in a motorcycle product liability lawsuit is usually based on a breach of an express warranty (written guarantee), implied warranty (state enforced minimum standards of quality), or strict product liability, which only requires that you show a defect led to your injuries. You do not need to establish the negligence of the manufacturer, distributor or retailer.

Your Georgia product liability attorney will present one or more of the three types of defects that demonstrate liability:

  • Design defects: These are defects that are inherent to the design of the motorcycle.
  • Manufacturing defects: These defects occur during the manufacturing process.

Defect in Warning: This type of defect arises when the manufacturer fails to adequately instruct or warn consumers of potential dangers.

If you are involved in a Georgia motorcycle accident caused by a defective motorcycle or negligent driver or both, you should seek immediate legal advice to protect your rights. There are strict time limits that must be complied with to preserve your right to compensation for your injuries. An experienced Georgia motorcycle accident lawyer will be able to assess your claim and represent you in seeking compensation for your injuries. The Georgia motorcycle accident attorneys at Montlick and Associates have helped people just like you who were injured in serious motorcycle accidents for over 25 years. Our Georgia defective motorcycle accident attorneys are available to assist clients throughout all of Georgia, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Dalton, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state. Call us today for your free consultation at 1-800-LAW-NEED (1-800-529-6333) or visit us on the web at www.montlick.com. No matter where you are in Georgia, we are just a phone call away, and we will even come to you.

Category: Auto Accidents

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.