Norman Motorcycle Defects and Recalls
Every product—even those that come with an inherent level of danger such as motorcycles—must perform their intended function safely when a user properly operates the bike. Motorcycle manufacturers have a legal obligation to test their products properly as well as to issue immediate recalls for safety issues.
A Norman motorcycle defect or failed recall can be the basis for a personal injury lawsuit. Such claims typically allege damages based on a theory of product liability. If you can prove that a manufacturer released a defective product onto the market and that this defect caused your injury, you may be entitled to significant compensation.
When Does a Defective Product Become a Legal Liability?
The goal of every product manufacturer is to make money for their company, but they also have a legal duty to create a product that performs safely and adequately when a customer uses it as intended. Failure to adhere to this duty is called product liability.
According to Oklahoma Civil Jury Instruction §12.1, there are six essential portions to a defective products case:
- The defendant made the product
- The defendant is in the business of making such products
- The product was defective, and because of the defect, the product was unreasonably dangerous to the user
- The product was defective when it left the control of the maker
- The plaintiff was a person who used the product
- The plaintiff sustained injuries directly caused by the defect in the product
When Might a Recall be Necessary?
In some situations, the maker of a product recognizes that their product is causing injuries, typically after a court has already held that maker liable for injuries resulting from a defective product. In these cases, the maker may issue a recall for the defective parts or the entire motorcycle.
Whether the defective part is subject to a recall can both harm and benefit a plaintiff’s case for damages. On the one hand, the issuance of a recall is evidence that the maker admits that there is a safety issue with the product. While this does not guarantee a successful claim in court, it is powerful proof that there is, in fact, a problem with the product.
Makers of products who issue recalls will often mail notices to consumers, especially in the case of motor vehicles. If a plaintiff receives a notice of a safety recall, does nothing about it, and continues to ride the bike, that defective part’s failure cannot serve as the basis for a successful product liability case. In essence, the plaintiff has assumed the risk of using a known defective product.
Norman motorcycle defects and recalls, therefore, go hand in hand. An attorney could help to clear up the recall status on any defective part to determine whether it may help or hurt a plaintiff’s case.
Norman Motorcycle Defects and Recalls May Affect a Claim for Damages
A defective product on an already dangerous vehicle such as a motorcycle can lead to catastrophic injuries. Just because a part may have been defective, however, does not mean that you are entitled to compensation. A maker of a defective part may attempt to raise affirmative defenses arguing that you did not use the product as intended, that you accept the risk with using the product, or that you ignored a safety recall.
If you suffer an injury from a defective product, even after the company issues a recall, you may still be able to collect compensation. Contact a lawyer today to discuss your claims.