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In theory, every company that makes and sells products of any kind should ensure that every one of those products is reasonably safe to use for its intended purpose and does not have any dangerous flaws in its design or assembly. In reality, though, the hundreds of product recalls initiated each year in the United States serve as unfortunate proof that many companies—including several within the automotive industry—are not as careful and as they should be.
Motorcycle defects and recalls in Philadelphia are not especially common, but a recall that comes too late to prevent a serious accident from occurring can still be the basis for a civil lawsuit. If you were hurt because you were not made aware that your motorcycle was defective in some way, you should strongly consider speaking with a motorcycle accident attorney about the possibility of collecting compensation.
What Can Lead to a Motorcycle Being Recalled?
To briefly summarize product liability law, manufacturers who sell products to Pennsylvania residents are “strictly liable” for injuries caused by specific types of “defects” in those products. If defects existed when the product left the manufacturer’s direct control that did not stem from the product being altered in transit, an injured consumer has grounds to pursue a civil claim. It is possible to demand compensation from a “strictly liable” manufacturer without needing to prove they did anything specifically reckless or careless, as would be necessary for a claim built around traditional “negligence.”
In Philadelphia, there are three ways a motorcycle can be defective to the point that it might be recalled. First, it can have a defective “design,” meaning that some core element of how the motorcycle was conceptualized makes it inherently unsafe for riders. Second, a motorcycle may be defective due to a problem with its “manufacturing,” which could mean incorrect assembly or even a part being missing altogether. Third and finally, a motorcycle may have defective “marketing” in the sense that it did not come with necessary instructions for appropriate use and warnings about known hazards.
How Recall Notices Can Affect a Civil Claim
There are specific requirements that manufacturers in the United States must meet when they voluntarily issue recalls or are forced to do so by the federal government. These requirements are intended to ensure everyone who owns the recalled product is made aware of the recall and can take action on their own to get the problem fixed.
Since manufacturers are also expected to fix defects in recalled products free of charge, anyone who has been properly notified that their motorcycle is defective may not have grounds to file suit over an injury caused by that defect after that point. However, anyone who was injured by a motorcycle defect in Philadelphia before the recall notice went out or before they were properly notified about it may have grounds for litigation. A conversation with a knowledgeable legal professional can clarify what options a particular person might have after getting hurt on a defective motorcycle.
A Philadelphia Attorney Can Go into More Detail About Motorcycle Defects and Recalls
Even if a motorcycle manufacturer does take the step of recalling a defective product, doing so does not necessarily absolve them of liability for your injuries. If you got hurt because of that defect before you were warned about it, that manufacturer may still be liable for your ensuing injuries and losses.
If you have questions about your legal rights with regard to motorcycle defects and recalls in Philadelphia, a seasoned lawyer can give you answers during a confidential consultation. Schedule yours by calling today.
