Like everything else with wheels and a motor, every motorcycle made and sold in the Commonwealth is a combination of thousands of parts that all have to work well together for the vehicle to function properly. If you’ve had a motorcycle for a while, you likely already know how important regular maintenance is to keep your bike running smoothly. However, sometimes, there are some problems you can’t do anything to fix.
Motorcycle defects and recalls in Blue Bell could serve as grounds for civil litigation, but cases built around them tend to be complicated. If you want to get paid for the harm a motorcycle manufacturer’s misconduct caused you, contact a skilled motorcyclist injury attorney at Ostroff Godshall Injury and Accident Lawyers.
What Kinds of Motorcycle Defects Can Justify Lawsuits?
Rather than standard personal injury law, lawsuits over injuries caused by motorcycle “defects” in Pennsylvania are built around what’s called “product liability” law. In brief, manufacturing companies that make and sell products for American consumers are “strictly liable” for injuries those consumers suffer under certain circumstances.
This means you don’t have to prove that any single “negligent” act was the main and direct cause of your injury to demand payments. Instead, you just have to prove that all the following things are true:
- You were hurt directly because of a legally actionable “defect” in a product you bought—in this case, a specific motorcycle component or the motorcycle as a whole
- That defect existed when the product left its maker’s direct control
- No one did anything to meaningfully change the product’s condition between when it left its maker’s direct control and when you first received it
- You were using the product in a reasonable way when you got hurt
Most successful lawsuits over motorcycle defects in Blue Bell are built around fundamental problems with the bike’s overall design or over errors made during manufacturing. It’s technically possible to file a lawsuit over a manufacturer’s failure to warn you properly about hazards associated with normal use of their product, but it’s not very common for this to come up with motorcycles.
Suing After a Recall Notice Goes Out
One thing worth noting about product liability law, in general, is that a Blue Bell manufacturer issuing a recall notice for a defective product doesn’t automatically make them not liable for injuries caused by that defective product. If you were hurt by a defect in your motorcycle before you were properly notified about a recall, you can likely still sue over your injuries so long as you start the legal process within the “statute of limitations.”
If you’ve been properly warned about a recall and then get hurt by the defect that recall was for, you likely won’t be able to sue over that injury. At that point, a court will likely rule that you should’ve known the product was dangerous and taken steps to avoid getting hurt, either by not using the motorcycle or by accepting the manufacturer’s offer to repair or replace it free of charge.
A Blue Bell Attorney Can Answer Questions About Motorcycle Defects and Recalls
Successfully suing a motorcycle manufacturer over a dangerous problem with a bike they sold to you can be time-consuming, legally complicated, and intensely stressful. Fortunately, you have help available from seasoned legal professionals who know exactly how to handle cases like yours.
Our team at Ostroff Godshall Injury and Accident Lawyers can explain your legal options when it comes to motorcycle defects and recalls in Blue Bell during a private initial meeting. Call us today to get started on your possible claim.