Clarksburg Defective Motorcycle Accident Liability
When a product is defective, whether it stems from something in its design or manufacturing, a claim may be filed if it causes injuries. Certain products can be especially dangerous when there is something wrong with it, such as a motorcycle.
Liability for an Accident Caused by a Motorcycle Defect
In many of the cases where a product is defective, the manufacturer is responsible. With a bike it could be the manufacturer of the motorcycle itself and the manufacturer of a part that was defective. But oftentimes several parties who are involved in the distribution process are also named in a claim.
The following are others in the chain of distribution that could be liable for an accident caused by a motorcycle defect:
- quality-control engineer;
- technical expert;
- design consultant;
- marketing company;
- dealership; and
- repair shop.
Elements of a Product Liability Claim
There are certain elements that must be present in order to pursue a product liability claim. Unlike an accident where carelessness or recklessness must be proven in order to hold someone at fault for injuries, in a defective product case in which the manufacturer is held liable, it is based on strict liability.
This means that even if the actions of the manufacturer weren’t negligent, it can still be liable for injuries caused by the product. The basis of this type of claim is that the product caused injury, not the intentions or lack of care of the manufacturer.
Another element is that because of the defect it directly caused an injury. If it’s determined that a motorcycle accident was the result of human error and nothing else, a product liability claim couldn’t be filed. Finally, it must be established that the motorcycle accident caused by a defect resulted in damages.
An attorney at The Miley Legal Group can help pursue a defective product claim, or an accident liability claim against a negligent driver.