Gwinnett County Accidents Caused by a Defective Motorcycle or Faulty Parts
A motorcycle is an artfully-crafted mechanical concert consisting of hundreds of components, each expected to perform precisely according to their intended purpose. What happens, however, when one of these parts breaks or fails to operate, resulting in the systemic breakdown of the entire bike? If the rider is lucky, this problem will occur in the safety of the driveway, just steps from the tool chest (or phone to call the mechanic). Too often, however, a defective motorcycle will cause problems when the rider is careening down the interstate – or perhaps skillfully navigating one of Georgia’s scenic Appalachian back roads. In other words, at precisely the wrong time.
When a motorcycle defect leads to accident and injury, the victim may turn to several possible parties for compensation, including both the manufacturer and retailer (dealership). If you were recently injured in a motorcycle accident and believe a design or manufacturing defect may be to blame, contact The Law Offices of John Morrison right away.
Motorcycle Accidents Caused by Manufacturing & Design Defects
The first action step when preparing to file a lawsuit for a motorcycle defect is to determine the precise issues that gave rise to the mechanical failure. When preparing a complaint, a plaintiff is generally required to prove:
(i) The motorcycle was not designed properly, rendering it unreasonably dangerous from the outset; and/or;
(ii) The motorcycle was designed properly, but was not assembled and manufactured according to said design.
Under Georgia law, either of these assertions can expose the manufacturer or retailer to liability. More specifically, product liability laws dictate that consumer goods must be safe, effective, and fit for their typical use. Otherwise, manufacturers must include an unambiguous warning label to ensure proper notification – and ultimately, the right to make an informed choice prior to purchase.
Moreover, the concept of “strict” product liability means that the injured plaintiff need not prove that the manufacturer was in any way negligent or careless – just simply that the bike was unreasonably dangerous, resulting in injury.
Motorcycle Accidents Caused by Negligent Repair
Motorcycle repair is undoubtedly a highly-technical trade best left to those with the requisite skill, knowledge, and experience. Unfortunately, it is not uncommon for mechanics to adopt a jack-of-all-trades mentality when servicing bikes, which inevitably leads to faulty repairs and potentially dangerous conditions for the rider.
A motorcycle mechanic, like any other tradesman or service provider, owes the customer a duty of reasonable care throughout the repair process – a standard which includes proper installation of parts, knowledgeable assessment of mechanical issues, and proper testing of the motorcycle post-repair. In the event a mechanic attempts to fix a motorcycle in such a way that creates additional defects or safety hazards, that mechanic may be liable to the owner in the event an accident occurs.
In sum, the law protects consumers from unsuitable repair work – particularly if the job results in severe injuries and/or property damage.
Looking for results? Contact Gwinnett County’s John Morrison today!
If you were recently injured while riding your motorcycle – and you suspect possible mechanical failure or defect to be the culprit – please do not hesitate to contact the Law Offices of John Morrison today: 770-951-8900.