Chicago Injury Lawyer Explains Product Liability May Apply to Motorcycles
Jan 28, 2011
Chicago, IL (Law Firm Newswire) January 27, 2011 – Not all motorcycle crashes are due to human error. The accident may be the result of defective motorcycle parts.
If a motorcycle crash happened as the result of defective parts, cases are generally split into two different types: improperly made or handled parts and defective vehicles. “One of the first things a lawyer will do before filing a lawsuit is to figure out who the defendants are. That may include a motorcycle dealership or company. We also take a look at which state a case should be filed in. In other words, would the claim be filed in the state where the accident took place or in the state where the bike was made?” said Michael Osborne, of The Law Office of Michael Osborne. Osborne, a Chicago injury lawyer, helps accident, wrongful death, and personal injury victims.
Bringing a lawsuit against a large motorcycle manufacturer is going up against someone with deep pockets who can hang on for the ride in court. That should not deter a plaintiff who has a solid case and can prove the motorcycle they were riding at the time of the accident was defective in some way. In cases where the defendants are well heeled financially, the plaintiff tends to receive a higher settlement, should the jury find in their favor.
“In cases where motorcycle parts are defective, parts suppliers and manufacturers are often named in the case. Here is something else many people do not realize: that even if you do not own the vehicle involved in the crash, dealerships that sold a defective bike or parts may still be liable,” Osborne said. This is something to discuss with a Chicago injury lawyer, as laws in this area tend to vary state by state.
The bottom line is that if someone was injured or killed by a defective motorcycle, even if it did not belong to them, they may still have good grounds for a product liability lawsuit. “There are various options open to the plaintiff and they do not have to just bring a personal injury lawsuit. Product liability is generally proven by showing there has been a breach of a written guarantee, an implied warranty or you may file a case using strict liability, meaning the plaintiff only needs to show a defect caused their accident,” Osborne said.
For those who wish to file a personal injury claim, the burden of proof to be successful at court is different than in a strict liability case. The plaintiff would need to prove they were injured, that the motorcycle was defective/dangerous and that the defect caused the injury.
“It is complex and that is what I am here for,” Osborne said. “If you have been hurt in a motorcycle accident, feel free to contact my office. I can explain your rights to you and how the system works, should you opt to file a lawsuit.”
The Law Office of Michael Osborne helps accident, wrongful death, and personal injury victims.
The Law Office of Michael Osborne helps accident, wrongful death, and personal injury victims. To contact a Chicago personal injury attorney and Chicago injury lawyer, visit http://www.michaelosbornelaw.com or call (312) 315-1765.
Law Office of Michael Osborne
201 West Lake Street, Suite 201
Chicago, IL 60606
Call: (312) 315-1765
