When you’re hurt in a motorcycle accident, there can be a number of contributors to the crash. The actions of vehicle drivers can be the cause of a collision. On the other hand, there might be a defect in the motorcycle itself.
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Defective Motorcycle Gear Can Cause Accidents
Another way that a motorcycle accident can occur is because of defective motorcycle gear. Your mirrors, helmet, boots, pants or even saddlebags can malfunction in a way that causes an accident. Any motorcycle accessory or equipment can malfunction and cause an accident.
If you’re hurt in an accident, you might wonder what to do and if you will need the help of a Adam S. Kutner & Associates. You might wonder what the law has to say about legal liability because of defective motorcycle gear or accessories. Here’s what you need to know about accidents and faulty motorcycle gear in Nevada.
You May Deserve Compensation for an Accident That Occurs Because of Defective Motorcycle Gear
Nevada law allows victims to recover for their losses when they’re hurt because of defective motorcycle accessories. It’s the manufacturer of the defective product that may be liable when you’re injured because of a defective product. When a motorcycle accessory manufacturer produces a product that’s defective, and you’re hurt as a result, they may owe you compensation for your losses.
Product Liability for Defective Motorcycle Gear
Product liability laws apply to defective motorcycle gear. Product liability is the idea that when a product manufacturer puts a defective product into the marketplace, they’re liable for any damage that results. The law says that it’s fairer to hold the producers legally responsible for the victim’s losses than to expect the victims to suffer without compensation.
Because product manufacturers are in the best position to make products safer and prevent errors that might result in harm, holding manufacturers accountable for accidents is the best way to encourage them to develop their products with safety in mind.
For Motorcycle Accessory Defects, Manufacturers Are Strictly Liable
In accidents involving motorcycle gear defects, manufacturers are subject to strict legal liability. That’s just a way of saying that you don’t have to prove your injuries are the result of negligence on the part of the manufacturer. Instead, you only have to show that there’s a defect in the product and you got hurt because of the defect.
How Can Motorcycle Gear Be Defective?
There are three ways that motorcycle gear can be legally defective under Nevada products liability law. First, the product may have a manufacturing defect. For example, the padding may be ripped on the inside of a helmet. The flap on a piece of luggage may be loose. A manufacturing defect is unique to that specific item. It’s an unintentional error during production.
On the other hand, a design defect is a flawed design. All of the manufactured items have the same defect. For example, if the helmet doesn’t have sufficient padding, it may be a manufacturing defect. When a product has a manufacturing defect, the product doesn’t perform in a way that a consumer would expect it to perform.
Finally, motorcycle gear can be defective if the product manufacturers don’t provide adequate warnings for users. For example, if a pair of gloves isn’t effective in the rain, the manufacturers need to warn riders. If a helmet isn’t effective if it’s not sized correctly, the manufacturer should provide a warning. The law presumes that a consumer has only average knowledge about how to use a product. If the customer needs instruction to use a product safely, the manufacturer must provide an appropriate warning.
What Do I Have to Prove to Win a Products Liability Case With Defective Motorcycle Gear or Accessories?
To win your case, you have to prove that a series of facts are true:
- The product had a defect. The defect can be a design or manufacturing defect, or it can be a failure to warn the consumer about the proper use of the product.
- The defect existed at the time the product left the manufacturer’s custody. You must show how the defect was within the manufacturer’s control. You don’t have to show that they acted carelessly, just that it was their error and no one else’s.
- The defect caused your injuries. There’s a link between the defect and the accident that results in your injuries.
- You have damages. You have losses because of your injuries. Medical bills, lost wages, rehabilitation costs, and pain and suffering can all be damages in a products liability claim.
If you prove your claim, you may collect for all of your damages. Our team of experienced accident attorneys can help you ensure that you examine every category of damages to include in your claim for compensation.
An Example of Products Liability – Ford Motor Co. v. Teresa Garcia Trejo
One example of how products liability works in Nevada is the Ford Motor Company v. Teresa Garcia Trejo case. A vehicle traveling on the highway tried to change lanes. It rolled, killing an occupant of the vehicle.
The victim’s family brought a claim against the vehicle’s manufacturer. They said that the car had a poor design. They said that Ford should have tested the vehicle design more thoroughly and created a stronger roof to protect occupants in the event of a rollover crash.
Ford tried to defend the case by arguing that the plaintiff didn’t show how there was a better design that they should have used instead. The Nevada Supreme Court ruled that a victim isn’t required to show how an alternative design would have produced a safer product. They upheld the jury’s verdict that awarded the victim’s family millions of dollars.
Have You Been Hurt in a Motorcycle Accident?
If you’re hurt because of defective motorcycle equipment or defective motorcycle gear, we invite you to contact us to talk about your case. Even if you’re not sure about the cause of your accident, we can help you examine the facts and build your claim. Call us to speak with one of our qualified Las Vegas or Summerlin motorcycle accident attorneys today to get started.
Adam S. Kutner is a top 100 trial lawyer with 32 years’ experience and expertise that will benefit you
Call us at (702) 382-0000 anytime to schedule a free consultation. We will work to get you the maximum settlement as quickly as possible so you can move forward on your healing journey.
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Adam S. Kutner
PERSONAL INJURY LAWYER
With more than 32 years of experience fighting for victims of personal injury in the Las Vegas Valley, attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.