Manufacturers of defective products are liable for the injuries they cause. So if you were wearing proper safety gear and you suffered injuries in a motorcycle accident because the safety gear was defective, then you can file a claim or lawsuit against the manufacturer in addition to the driver responsible for the accident.
An attorney in Des Moines, Iowa can assist with the process, evaluate the details of your case, and help establish liability.
Types of Liability for Manufacturing Defects
In a product liability claim, some possible types of liability:
- Negligence. This means that the manufacturer failed to exercise proper care. The company had a legal obligation to do something to the product to make sure it was safe, but it wasn’t done.
- Failure to warn or misrepresenting the product. This occurs when a manufacturer makes promises about the product and it doesn’t live up to them. This can also happen when a manufacturer hides any possible hazards of the product.
- Breach of warranty. This is when the manufacturer does not stand by any claims made or refuses to honor warranties or other promises.
- Strict liability. This makes the manufacturer liable for any injuries caused by the defective product, regardless of fault, because the manufacturer is responsible for the products it creates.
An attorney in Des Moines can help determine what types of liability apply in a particular motorcycle accident case.
Elements of a Product Liability Claim Involving a Defective Product
It is possible to sue a motorcycle safety gear manufacturer when the product causes injuries because of manufacturing defects or other issues related to liability.
However, the following elements are required:
- injuries or financial losses were involved. There must be bona fide injuries or losses in order to file a lawsuit. If injuries and losses were not present, a lawsuit may not be filed.
- the product contains a manufacturing defect. This can be easy to prove in some cases. In others, a consumer may need to prove that the product was manufactured improperly, the design was flawed or that the product contained dangerous parts that were not properly labeled and therefore made obvious to the consumer.
- the defective product directly caused injury or loss. The product’s manufacturing or other defect must have directly contributed to the injury. As this can be difficult to prove, seeking legal advice from an attorney in Des Moines, Iowa may be helpful.
- the product was used for its intended purpose. The product must conform to the manufacturer’s intended use. For example, an injury worsened or caused by a defective helmet worn while riding a motorcycle would likely be considered a product liability issue.
But if a rider was wearing a helmet not recommended for motorcyclists and the helmet fails to offer adequate protection, it may not warrant a product liability case because it wasn’t used for its intended use.
Contacting an Attorney in Des Moines, Iowa
Those whose injuries were made worse by a manufacturing defect or whose safety gear failed to offer adequate protection may pursue a claim against the equipment manufacturer in addition to the party responsible for the motorcycle accident. Victims can seek help from an attorney in Des Moines, Iowa at Walker, Billingsley and Bair. Contact us at (641) 792-3595 to explore the circumstances of the injuries and what part a defective product may have played.