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Product Defect Attorney Northern Virginia
Can I sue for a defective motorcycle part that injured me?
All too often, motorcycle accidents result in serious or fatal injuries for the rider, as a personal injury and product defect attorney Northern Virginia trust can attest. Sometimes, the accident is caused by a mechanical part that fails. Under certain circumstances, the injured rider can sue the manufacturer in an attempt to recover their damages. The legal hoops that the rider must jump through can be frustrating, time consuming, and costly. With the help of a product defect attorney Northern Virginia relies on, the injured rider can more easily get justice and is more likely to experience a positive outcome.
Product Liability Claims
Manufacturers have a legal responsibility to ensure their products are reasonably safe to use, and that they notify users of potential hazards or dangers. For example, a chainsaw is an effective tool to cut down trees, but if it’s used incorrectly, it can be deadly for the user. For this reason, the manufacturer is obligated to warn purchasers of what they should and should not do when operating it. In this way, if the user does not use the chainsaw correctly and is injured as a result, the manufacturer will not likely be held responsible. However, if the chainsaw is used correctly and the machine is relatively new, and a poorly manufactured part causes a deadly malfunction, the victim may have a valid product liability case. The same concepts are true when a motorcycle rider is injured. To recover your damages, a product defect attorney Northern Virginia victims want will need to determine the following:
- Were you riding the motorcycle in the manner intended by the manufacturer? For instance, if you were doing wheelies which led to a crash because the rear tire blew out, you may not have a valid claim against the tire manufacturer.
- Was the part that failed in relatively new condition? Every part of a machine, including motorcycles, has a limited shelf life or expected life cycle. Exposure to the elements, usage, and other factors will age parts, especially those that are subject to stress or pressure. The motorcycle owner is expected to perform regular maintenance and preventative measures so an aged part that breaks will not usually qualify as a defective part.
- Did the part that failed directly cause or lead to the accident, which in turn directly caused the injury? Your case will not stand up in court if the part manufacturer did not directly cause your injury. When you work with a product defect attorney Northern Virginia riders look to he or she can determine if your case is strong enough to sue the manufacturer. If the failed part has a history of causing similar accidents, that can be of great benefit to your lawsuit.
Recovering Damages
Whether you win your lawsuit in court or the defendant agrees to a settlement, the damage award is intended to compensate the victim for their losses associated with the accident. Every case is different as are the list of damages but these are some of the most common:
- Pain and suffering
- Loss of joy
- Ambulance costs
- Surgery costs
- Doctor’s fees
- Rehabilitation
- Medications
If you were injured in a motorcycle accident because of a defective part, contact a product defect attorney Northern Virginia needs immediately to find out more about your legal options.
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“Cohen & Cohen did a great job at recovering a good amount of money for me after my accident. Siri was super informative & responsive. Overall I had a great experience using this firm & they will be my first call if I am ever in an accident again.”
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