Chances are if you have a motorcycle and have found that either a part on your bike is defective, or some of your safety gear is not performing as it should, it is likely that the parts and products could have faced a recall. If this happens, the owner of the product is called upon to return the product to the manufacturer for a refund or a replacement.
Depending on whether there has been a valid recall, getting into an accident and claiming for defective motorcycle safety gear or failure within any part of the motorcycle might be limited. It is the responsibility of the consumer to ensure that when a product recall happens if they are duly notified at the address they listed on the warranty for the product, they must follow the manufacturer’s instructions and return the part that is labelled defective. If the part is known to be defective and not returned, then it would be more difficult for any person to claim for same.
Defective Parts and Safety
If you are driving a motorcycle and have an accident which is a result of a part that becomes defective, it is essentially a breach of consumer protection and consumer rights extend to be compensated for any losses which occur due to the defective part. If no notice was ever given to the consumer that the part was known to be defective, wherein the consumer kept using the motorcycle or safety gear as it was intended to be used, the manufacturer and potentially the seller of the product could be liable. If there had been a recall of a safety product which a retailer continued to sell after the recall had been put in place, then they would be liable to cover expenses that accrued from any loss to the consumer by the part becoming defective.
If the defective part is one of the parts on the motorcycle and it makes the whole machine inoperable, the claim might be for a replacement bike as well. An example of this would be a faulty head gasket that by default blew up the engine and made the motorcycle inoperable. Losses can far extend beyond that of the part or equipment itself. Another example is in helmets or other forms of safety gear. There is a lot of reliance that is put on the efficacy of any motorcycle helmet or safety gear that is sold for safety use – and if it does not hold up to the level of safety that it reports to, and results in personal injury. If you feel that equipment failure was in some was responsible for a motorcycle accident, Smith Jones Solicitors we are here to assist you with any potential claim you may have.
The main determinant of whether a person is liable for the failure of any motorcycle safety gear or part is if they are aware of a recall or not and if the recall was known by the public. It is not enough to simply recall a product if the manufacturer does not take steps to make the consumers aware of the recall. The onus then on the consumer to have followed through with returning the faulty product and not using it is greatly decreased.
If a recall has not been announced, then the manufacturer will always hold liability for the product’s ability to operate properly and if any product is found to be defective, the consumer is able to claim for compensation. There is no set amount for what a manufacturer or retailer might be liable to pay a consumer under such a circumstance, so the need to take advice from a qualified solicitor specialising in personal injury claims is highly recommended.
Losses which arise from defective equipment, whether it is a motorcycle part or a piece of safety gear, is not limited to the value of the part itself and would also include any loss that arose from the defect coming out, including long-term physical injury or scars.
Consumers must always be aware of the equipment that they use has the potential to be defective. If they see a recall for defective parts being announced or receive a letter in the post from the manufacturer to return a piece of equipment for replacement or refund due to being defective, they must take immediate steps to send the part back. If there is no notice that a part has become defective and should be replaced, then a consumer has a right to rely on its ability to do what it was supposed to do.
If a piece of motorcycle safety gear becomes defective and gives rise to injury or other loss, the consumer has a right to claim for recouping any of these losses from the manufacturer of the product. It might be the case as well that the retailer who sold the defective product could hold liability if they knew that the part was recalled or defective and continued to sell it.
With the complexities surrounding the subject, the best advice is to seek out an experienced solicitor for help in filing a claim. Doing this will ensure that you have the best opportunity to be recompensed for all losses relating to the defective part or equipment.