Motorcycle Product Liability Cases in Georgia


March 12, 2017

Motorcycles offer riders a unique experience, fueled by the thrill and freedom of riding on two wheels. Of course, those who choose to travel by motorcycle know that the excitement and adventure come at the cost of many of the safety features offered by automobiles. A cautious motorcycle rider will limit these risks by wearing a helmet, protective clothing and by being sure they have the skills needed to safely operate a motorcycle. However, even the most cautious motorcyclist can be injured if the bike they ride has a manufacturing flaw.
Product liability laws govern the civil process for those injured due to defective products. When the product involved is something like a motorcycle, the resulting injuries can be extremely serious, causing pain, suffering, permanent injuries and of course, costly medical bills. 

In the case of a motorcycle, a faulty engine, flawed brakes, or any number of minor defects can lead to accidents that cause the rider extensive injuries. Defects can come in the form of design flaws or errors in the manufacturing process.  Sometimes, where the product functions properly, but presents a non-obvious risk that would easily be avoided by giving the consumer the right information, a product liability claim can arise from a company's failure to warn the consumer.

If a consumer injured by a faulty motorcycle can show that the motorcycle was defective, then the company could be held responsible for the injuries to the consumer. Some common defenses in product liability cases would be that the product was damaged after it left the control of the company that manufactures the product, or that the consumer used the product in a way that the product was not intended to be used, or in a way that the manufacturer could not have anticipated. In the first case, if the motorcycle was serviced and repairs were made after the time of purchase, the manufacturer might claim that the defect did not exist when they sold the product, but was rather the fault of a mechanic who worked on the motorcycle at some other point. If the owner used the motorcycle in an unexpected way, such as, by way of example, riding it into water, and the injury resulted from this action, then the manufacturer might argue that the injury would not have occurred if the product had just been ridden on land as intended.

If you were injured as the result of a defective motorcycle, you should speak with an attorney at Montlick & Associates to learn about your legal rights and options as well as what steps are necessary to protect those rights. An attorney will be able to evaluate the facts of your claim and give you advice specific to your case.

Source: https://www.justia.com/products-liability/

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Category: Personal Injury

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.