As consumers we expect that the products we buy and use are going to be safe. At Bike Injury Solicitors however we know that this is not always the case.
If your bike or one of its components has failed this can have very serious consequences.
There is law in place to help consumers to seek compensation if their bike or its component turned out to be unsafe, causing them injury or harm.
What is product liability?
Motorcycle and cycle manufactures are under a responsibility to ensure their products are safe to use by:
Taking action if a problem is found.
Warning consumers of potential risks.
Providing information to help consumers understand the potential risks.
Monitoring the safety of products.
Who is liable for a defective product?
Responsibility normally rests with the manufacturer of the defective product however this can also be extended to distributors and retailers of products.
What is a defective product?
A product can be defective if it does not do what it is supposed to do or is designed badly so that it causes you injury and includes:
1. Manufacturing Defect
If a product has become defective due to errors or during the manufacturing process. When you purchase or use a bike or component it may turn out not to do what it is was supposed to do. This can mean the product is broken, breaks in use or that there is a defect in the manufacturing process. It is sometimes difficult to tell whether the product is broken until it is used and that is usually too late. Examples of a manufacturing defect include the handle bars of a cyce may giving way, the bike frame breaking at a crucial welding point or the motorcycle brakes failing to engage correctly to slow or stop your bike.
2. Design Defect
If an injury is caused by a poor design that has led to a fault. This means that the product does what it is supposed to do but there is some element which was designed badly which causes a risk. In these cases there is nothing wrong with the product itself however it was the way in which it was designed that is the problem.
If there are no warnings on a product of the possible injury risks.
4. Failure to recall
If an injury has been caused by a product that had a known fault and has not been recalled by the manufacturers.
Our team bike accident team is experienced in all areas of product liability law and will help you make a claim with minimum stress.