Defective Bicycle Accident Lawyer in Gwinnett County
If despite all of your efforts to maintain your bicycle a defective part causes a serious accident, the manufacturer of the bike and/or the part itself could be liable. There are different theories of liability under which you may file your claim, so work with John Morrison, a defective bicycle accident lawyer in Gwinnett County to explore your options.
Georgia’s Product Liability Laws
Commercial manufacturers must ensure their products are safe for consumer use. If a product is unreasonably dangerous, the manufacturer, wholesaler, and/or retailer could be liable for the consumer’s injuries. In most personal injury cases, claimants must prove the defendant was negligent and this negligence caused their injuries.
But Georgia’s strict liability laws provide that if the injured plaintiff can show proof of the following, she may be eligible to file a claim for compensation.
- The product was defective. The defect can occur during design or production.
- The injured party did not substantially change the product after purchase.
- The injured party was using the product as intended.
- The defect caused injury to the plaintiff.
To prove strict liability, the injured party does not need to prove that the manufacturer knew of the defect or acted negligently, just that the defective or dangerous product left the manufacturer’s control and caused injury.
Initiating a Claim against a Bike or Part Manufacturer
When filing a product liability lawsuit, the plaintiff must set forth the facts giving rise to the injury, which generally include the following.
- Where and when bicycle was purchased
- Whether the injured party was the original purchaser
- How the injured party was using the bicycle at the time of the accident
- Information concerning the alleged defective part
- What happened in the accident/how the injury occurred
- The extent of the plaintiff’s injuries, whether the injuries required surgery or rehabilitation, and whether the plaintiff made or expects to make a full recovery
Once the injured party files the claim, his attorney can start negotiations with the defendant or its insurer. If necessary, John Morrison can file a lawsuit to recover compensation.
The bicycle manufacturer will file its responsive pleading either affirming or denying the allegations. Then, all parties will engage in the “discovery” process, which includes depositions and the exchange of non-privileged information related to the lawsuit. Oftentimes, cases reach settlement once the discovery period ends; however, some cases do proceed to trial.
Work with Attorney John Morrison if You Plan to Sue a Bike Manufacturer
If you suffered injuries in a bicycle accident caused by a defective or faulty bicycle, contact a defective bicycle accident lawyer in Gwinnett County at the Law Offices of John Morrison today. We will look over your case, help you determine if you have a case, and then help you file your claim or lawsuit against the liable party. Call us at 770-951-8900 to set up a consultation.