When we think of motorcycle accidents, we generally think that it is a distracted, drunk or otherwise negligent motorist who is at-fault. However, sometimes fault in a motorcycle crash doesn’t lie with another motorist — it lies with the manufacturer of the motorcycle itself.
This is the case when the crash is caused by a motorcycle defect. A defect takes place when the motorcycle has an inherent flaw in the way it was designed, making it unreasonably dangerous. The company that designed the motorcycle will be liable if the product had a foreseeable risk when it was manufactured per the design and used for its intended purpose.
If a person is pursuing a product liability claim based on a design defect, in some states the person must show that the risk could have been avoided if there was a reasonable alternative design that was feasible to produce and would not be unduly expensive to produce, all while still meeting its intended purpose.
Sometimes a defective motorcycle is recalled either by the company itself or the National Highway Traffic Safety Administration. Companies have a duty to notify those who own the defective motorcycle of the problem, and they must provide a remedy for free.
Motorcycle defects have the potential to cause catastrophic accidents. Motorcyclists deserve to feel secure that their bike is safe to use. Unfortunately, this isn’t always the case. Holding the designers of the product accountable for their actions through a legal filing is sometimes the only way a motorcyclist injured in a crash attributable to a design defect can obtain the financial compensation they need to address the many damages they suffered due to the crash.