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When a manufacturer releases a motorcycle to the public, they are implicitly stating that it will operate in a safe manner and as expected. There are times, however, when a motorcycle is released and there is a potential defect in its construction. If the defect causes a rider to have an accident, the manufacturer could be held legally responsible for the injuries.
All riders should pay attention to motorcycle defects and recalls in Cicero. If you were injured due to a possible defect, reach out to a skilled motorcycle accident attorney to discuss your options.
A motorcycle might have a defect which needs to be fixed in order to operate safely. If the defect applies to many or most of that particular model, then the manufacturer may issue a recall, meaning all those who purchased that product should return it. The recall is designed to fix whatever defect has arisen before it causes a problem. A defect could be a design flaw, which affects all motorcycles of that model, or it may be a manufacturing defect, which affects only one particular motorcycle.
There are certain federal regulations which require manufacturers to issue a recall even if it is not legally required, and the manufacturer may decide to recall it themselves. There are many considerations when deciding to issue a recall, such as the price to repair the defect or the seriousness of the risk of harm. There are also logistical hurdles to provide notice to everyone who owns the defective motorcycle model.
If the company becomes aware of the design defect, they will usually issue a motorcycle recall notice to anyone who bought that model in Cicero and elsewhere. Simply selling the motorcycle does not end the legal obligation of the manufacturer to correct known defects.
It is not necessary for a recall to be issued in order to hold a motorcycle company legally liable for an injury since this could be the only defect in the entire model. In that case, the manufacturer would still be legally responsible for the defect but not required to issue a recall. If a recall is announced, then it can impact the ability to make a monetary recovery if that defect was the cause of the crash.
A manufacturer issues a recall because they genuinely want their product to be safe to the general public. However, once they issue a recall, it also helps them defend against potential lawsuits in the future. If a local motorcyclist is injured by a defect which was subject to a recall, the manufacturer could argue they did everything reasonable under the circumstances by issuing a recall. The steps taken in a recall can vary depending upon the seriousness of the potential injury, as well as the ease of notifying everyone with a potentially defective motorcycle.
If there is a motorcycle recall, the manufacturer generally starts by notifying the original purchaser of the motorcycle. However, once the original owner sells the motorcycle, it becomes much more difficult to track down the new owner.
Depending on the seriousness of the defect, a company might still be under a legal obligation to attempt to contact all subsequent purchasers of the model. It is common for them to place ads in motorcycle-themed publications, as well as notifying potential individuals of the recall online.
Whether a motorcycle company is legally required to notify individual owners depends on several factors, including the seriousness of the defect and the potential for harm. The ease at which the motorcycle company can notify owners is another consideration. Generally speaking, simply issuing a recall is not sufficient; the motorcycle company must take affirmative steps to notify all potential owners by using reasonable means.
Recalls are rare, but they could save a life. Although companies have an obligation to contact anyone who may have purchased their defective product, you should be on the lookout for any problems that arise with your model. Contact a lawyer the moment you are affected by any motorcycle defects and recalls in Cicero.