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No matter how much care a motorcycle manufacturer may put into the design and manufacture of a motorcycle, it is common that defects arise. When a motorcycle manufacturer becomes aware of a potentially hazardous defect on a motorcycle, they have a legal obligation to warn and address the possible safety violations.
Depending on the severity of the injury, which may occur, this can include a recall of defective motorcycles. The manufacturer can be required to repair or replace the defect or even the entire motorbike itself. There are many parts on a motorcycle, and any of them can be defective and lead to a recall. If you have been injured in a motorbike collision, reach out to a knowledgeable motorcycle accident attorney. They could help you understand how Oak Lawn motorcycle defects and recalls could affect your claim.
The severity of a possible injury will impact the duty the manufacturer has regarding the motorcycle. If the defect is relatively minor, it may not result in a full recall. If the defect can potentially lead to serious injuries, the law will require a full recall. There are many different types of actions that a motorcycle manufacturer may take. However, it all depends on how serious the possible injuries resulting from the defect turned out to be.
The decision to issue a recall usually comes from incidents reported to the motorcycle manufacturer. Anytime there is a crash which may have resulted from a defect, the manufacturer will want to investigate. If there is a pattern of accidents caused by the same defect, that can lead to the decision to issue a recall. The federal government also has the right to require a motorcycle manufacturer to issue a recall for a defective motorcycle.
Some defects are so obvious that even a layperson can see them. Others are much more technical and require the use of expert witnesses. Few motorcycle manufacturers sell a product that they know is faulty. However, they may feel that the motorcycle is safe, but a lawyer and an engineer may be able to prove an alternative, safer design. Product liability cases involving motorcycles and motorcycle manufacturers can be complex and expensive. It is important to consult with a lawyer as soon as possible following a motorcycle defect case.
There does not need to be a recall in order to have a case against a motorcycle manufacturer for a defect. If the defect makes the motorcycle unsafe, there does not need to be a recall in order to have a potential case. If someone’s injury is the result of the defect on the motorcycle, that is all that is required to bring a lawsuit.
Announcing a recall is generally not sufficient to protect a company from potential liability. Depending on how many motorcycles are involved, it may contribute to the decision about whether to issue a recall or not. If someone is injured after a recall notice, they can still have a case. However, if the injured person knew about the recall and did nothing about it, then it may be harder to prove the motorcycle manufacturer responsible.
When a manufacturer produces a product, they are liable for any damages they may cause. Manufacturers are required to warn consumers of any potential harm. If you have been injured due to a faulty motorcycle part, it is best to seek help from an experienced attorney. Speak to a lawyer to learn more about Oak Lawn motorcycle defects and recalls. Schedule a consultation today.