When you use a product, whether a car or a microwave, you expect it to work as intended. All the parts should be in place and functioning, and you should be able to rely on them to operate as safely as possible.
Unfortunately, products do not always come home in perfect condition, and a defective product can put the user in danger. If you use a motorcycle as your mode of regular transportation, motorcycle defects and recalls in Philadelphia could affect you and even cause an accident. Our motorcycle accident attorneys could help you understand your legal options after a crash.
A defective product is one that has something wrong with it, either as a mistake or as an undisclosed part of it. Products typically have some risk already, such as a chemical that is flammable or a vehicle that must be operated carefully. A product becomes defective when something in the design or manufacture goes wrong or a risk is known and not warned about.
Depending on the type of defect, a different entity or business might be responsible. For example, a design defect would point to the original company that made a product and is responsible for how it works, while a manufacturing defect might point to a mistake farther down the supply chain in assembling or storing the product. A failure to warn about a risk (also known as a marketing defect) could implicate the original company as the one who put the product out to market.
In the case of a motorcycle, many different parts come together to make the final product, and the designer or manufacturer of any of them could recall a part or the whole bike if a defect is found. If the defect caused an accident before the recall began, then there is a chance that the company trying to make up for the defect could be responsible.
An attorney can provide assistance when working through the ins and outs of a defective product case. A motorcycle defect and recall coupled with an accident in Philadelphia could pave the way for holding the company accountable.
Defective products claims fall under products liability, a legal theory that makes manufacturers strictly liable for putting a defective product into the consumer market. Rather than having to prove that the company was negligent (had a duty of care, breached it, and caused damages), a plaintiff only needs to show that the defect occurred and caused an accident before it was recalled, as well as a lack of alteration or tampering after the product entered the market.
One of the ways an attorney can help bring a product liability claim based on a defect is by collecting evidence of the company’s internal processes, designs, and knowledge of any defects that were not properly warned against. A company will attempt to keep their proprietary information confidential, but a lawyer can begin an investigation and use the legal discovery process to establish how the recalled defective product caused an accident and injuries.
Another way is by getting a claim filed with the court early enough to stay within the statute of limitations, which is only two years under 42 Pennsylvania Consolidated Statutes § 5524. At first, an accident might not be clearly caused by a defect, but a later motorcycle recall could indicate that a claim can and should be filed in Philadelphia.
Navigating recalls and information disclosed about your motorcycle can be confusing, and the legal process for filing an injury claim can leave you wondering what to do. Fortunately, you can rely on an attorney to guide you in the wake of motorcycle defects and recalls in Philadelphia.
If you suspect that a faulty part caused your motorcycle accident and a recall then went out, contact our offices. Our attorneys can evaluate the facts and gather evidence to support your claim against one or more companies involved.
