In the United States in 2015 (latest available data), there were 4,976 motorcycle fatalities and 88,000 injuries, according to the Government Accounting Office. Some of these accidents were the result of defective parts which could cause a rider to lose control, have an accident and sustain serious injuries.
U.S. safety regulators asked Harley-Davidson recently to recall about 250,000 of its motorcycles worldwide because of brake problems. The National Highway Traffic Safety Administration (NHTSA) began investigating the problems in July 2016 after it received 43 complaints including three reports of crashes. Harley reported that deposits can form on brake parts if the fluid is not changed every two years as specified in the owner’s manual. This can cause a valve in the antilock brake control unit to stick.
Money.cnn.com said a recall was issued because "the consequent sudden and complete loss of brakes, without warning, is a concern. The problem can be fixed with a flushing of the brake fluid, according to Harley-Davidson, which it will do without cost to the owners. The motorcycles involved are model years 2008 to 2011 Touring, CVO Touring and VRSC models, which have anti-lock braking systems.”
Harley-Davidson is scheduled to notify owners, and dealers will flush the entire brake system with new Platinum Label DOT 4 brake fluid, free of charge. The recall was expected to begin February 12, 2018. Owners may contact Harley-Davidson customer service at 1-800-258-2464.
Manufacturer’s duties in a recall
Whether a safety recall is conducted by the vehicle manufacturer or ordered by the NHTSA, the manufacturer must file a public report describing:
- The safety-related defect or noncompliance with a federal motor vehicle safety standard;
- The involved vehicle/equipment population;
- The major events that resulted in the recall determination;
- A description of the remedy; and
- A schedule for the recall.
Product liability laws protect consumers.
Product liability laws provide protections for consumers who are injured by defective products including poor design or manufacturing techniques, lack of adequate instruction and failure to provide an adequate warning of dangers. The law in Florida says that you may file a claim in scenarios such as:
- Manufacturing defect(s) –an error in assembly or the manufacturing process of a product, which caused the product to become unsafe for a consumer.
- Design defect – an error in the original design of a product that causes the product to be dangerous and creates a hazard for users.
- Failure to warn – This is a defect in terms of the way a manufacturer instructs consumers to use their product or products. If the correct use of the product may injure consumers and the manufacturer fails to mention this, it is negligence on the manufacturer’s behalf.
Florida law regarding product liability
In order to have a successful product liability claim against a manufacturer, under Florida law you must prove the following elements for a negligence claim:
- You were injured or suffered loss;
- The product was defective;
- The defect was a proximate and actual cause of the injury; and
- The product was being used as it was intended.
“Motorcyclists are particularly vulnerable should they be involved in an accident. Responses to recalls are very important to have the motorcycle fixed before it is too late. If you believe you have been injured by a defective motorcycle, contact our team at Spivey Law Firm, Personal Injury Attorneys, P.A. We are available 24/7,” said Fort Myers Defective Product Attorney.
Ft. Myers Motorcycle Accident Attorney,Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com. Visit SpiveyLaw.com for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.