Tampa Motorcycle Defect & Recall Lawyer
Although driver negligence is often to blame for motorcycle accidents in the Tampa area, sometimes the real culprit is the motorcycle itself. Like any complex machine, a motorcycle depends on hundreds of parts to operate safely. So a defect in one or more of those parts can lead to a critical failure–and possibly a deadly accident.
The Tampa motorcycle defect and recall lawyer at Anderson & Anderson represents motorcyclists who have been injured due to problems with the design and manufacture of their vehicles or any of its parts. We can investigate the circumstances leading to your motorcycle accident and help you determine if a product defect was to blame. And we can represent you in taking legal action against the manufacturer or other parties who can be held legally responsible for your injuries under Florida law.
Florida Law Imposes Strict Liability for Defective Motorcycles
Unlike many personal injury cases, which require a plaintiff to prove the defendant’s actions were negligent or intentional, Florida law imposes strict liability when it comes to defective products and recalls. Basically, if the manufacturer of a motorcycle or a motorcycle part allows a defective item to ship from their facility, they are liable for any injuries that occur.
Defective motorcycle claims can be based on any of the following:
- Defective Design: While the law does not require a product to be 100-percent safe to ship, it must be designed in a way that is reasonably safe for a consumer who uses it in an intended or reasonably foreseeable manner.
- Defective Manufacturing: A product may be safely designed yet still be considered defective due to errors in the manufacturing process.
- Defective Marketing: A manufacturer must include adequate instructions or warnings regarding any reasonably foreseeable harms that may occur while using a product. Such “failure to warn” is considered an independent form of product liability separate from any design or manufacturing defects.
In cases where a defective motorcycle or motorcycle part has been recalled, that can serve as valuable evidence that a defect existed under any (or all) of the standards described above. Keep in mind, however, that a general recall does not automatically establish liability in a specific case. So if you have been injured in a motorcycle accident and you believe that a recalled bike or part was responsible, you must still establish that specific item was defective at the time of your crash.
Contact Anderson & Anderson Today
Product liability cases are quite complex as they often involve well-funded corporate defendants who are not afraid to try to shift blame to a motorcyclist for a serious accident. This is why it is important to work with a skilled Tampa motorcycle defect and recall lawyer who will provide aggressive representation and deal with the manufacturers on your behalf. Anderson & Anderson has over 35 years experience in helping motorcycle accident victims fight for civil justice. Call us today at 813-251-0072 or contact us online to schedule an initial consultation.
