When a manufacturer produces a motorcycle for sale, they are responsible for issuing a recall in the event that a defect makes the bike too dangerous for operation. When a motorcyclist receives notice of a recall, they should stay way from operating the defective motorbike. The dangers associated with operating a recalled motorcycle in Chattanooga include serious injury, property damage, and even death. For professional legal insight, reach out to an experienced attorney today.
When Would a Motorcyclist Be At-Fault for Riding a Recalled Motorcycle?
The defense could take into consideration whether the motorcyclist acted reasonably by continuing to ride the vehicle and whether they had enough time to have the repair implemented.
If a motorcycle driver operates his motorcycle after being advised of a recall if the defective part causes injury to that driver, the driver may be accused of comparative fault in continuing to operate the vehicle after the recall has happened.
What is Imminent Danger and How Does it Relate to Motorcycle Recalls?
When the manufacturer of a motorcycle decides to issue a recall on one of its products, it is usually because if they do not, they could be held responsible if one of its consumers continues to ride the bicycle. As a result, imminent danger can be considered as one of the leading causes for the recall of a product. At the end of the day, it is the manufacturer’s responsibility to ensure that its consumers are able to enjoy their products without having to risk their safety, and any indication of imminent danger should be addressed by the manufacturer.
What Happens if an Injured Motorcyclist Was Unaware of the Defects of their Motorbike?
A person who was unaware of existing defects or recalls can use that lack of information against the manufacturer to show that if the manufacturer had advised them of the recall and the defect, the injury would have never happened. That can protect the injured person from allegations of comparative fault.
The duties of manufacturers and designers are to produce products that have no unforeseen dangers that are not common to those types of products or that are not obvious to the users. Obviously, a motorcycle involves a greater risk of danger than a regular automobile, but motorcycle operators are aware of that risk, and they choose to encounter that risk.
If a motorcycle designer or manufacturer fails to design the motorcycle in a way where it operates as other motorcycles operate, and where it fails to operate the way a user expects it to operate, they have violated their duty. They have made it unreasonably dangerous and have created an unforeseen danger that the user does not anticipate. If an accident occurs as a result, the victim could file a suit for injuries with the help of an attorney.
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Riding a motorcycle is a unique way to enjoy the roads of Chattanooga. However, if their motorcycle was recalled, riders should keep in mind the dangers associated with operating a recalled motorcycle in Chattanooga. Keeping these dangers in mind could cause you to ride safe and purchase enough insurance that could cover you in the event of an accident. To learn more, schedule a consultation to learn more.
