Defective Motorcycle Gear & Product Liability Laws In California

Defective Motorcycle Gear & Product Liability Laws In California

Many times, product liability lawsuits can arise out of a motorcycle accident. In Soule v. GM, “A manufacturer, distributor, or retailer is liable in tort if a defect in the manufacture or design of its product causes injury while the product is being used in a reasonably foreseeable way.”  This is one of many that defines defective motorcycle gear and product liability laws. It’s quite often that faulty tires, helmets, or jackets, can be a cause or worsen a motorcycle accident. Helmets and jackets alone can be exacerbate a  motorcyclist’s injuries in the event of an accident. This is why we have defective motorcycle gear and product liability laws.

How Can A Product Be Defective?

If a motorcycle manufacturer fails to warn or label the risk towards the consumer, the item is therefore defective.

California Products Liability Lawsuits and Strict Liability

Under state law, product liability in California is “strict liability“. A Plaintiff does not have to prove negligence by the manufacturer or any in the chain of distribution. However, the Plaintiff must meet the burden of proof in order to recover monies for injuries sustained. In Anderson v. Owens- Corning Fiberglas Corp, “Strict liability has been invoked for three types of defects—manufacturing defects, design defects, and ‘warning defects,’ i.e., inadequate warnings or failures to warn.”

Also, in Greenman v. Yuba Power Products, Inc., “A manufacturer is strictly liable in tort when an article he places on the market, knowing that it is to be used without inspection for defects, proves to have a defect that causes injury to a human being… The purpose of such liability is to insure that the costs of injuries resulting from defective products are borne by the manufacturers that put such products on the market rather than by the injured persons who are powerless to protect themselves.”

What is The Strict Liability Doctrine?

In the case of Elmore v. American Motors Corp., “[T]he doctrine of strict liability may not be restricted on a theory of privity of contract. Since the doctrine applies even where the manufacturer has attempted to limit liability, they further make it clear that the doctrine may not be limited on the theory that no representation of safety is made to the bystander….”

Going further on the case, “If anything, bystanders should be entitled to greater protection than the consumer or user where injury to bystanders from the defect is reasonably foreseeable. Consumers and users, at least, have the opportunity to inspect for defects and to limit their purchases to articles manufactured by reputable manufacturers and sold by reputable retailers, whereas the bystander ordinarily has no such opportunities. In short, the bystander is in greater need of protection from defective products which are dangerous, and if any distinction should be made between bystanders and users, it should be made, contrary to the position of defendants, to extend greater liability in favor of the bystanders.”

What Do You Need In Product Liability Lawsuits In California?

In most motorcycle products liability cases, an expert witness testimony is a requirement to prove any defective products.

California Civil Jury Instructions (CACI) Series 1200 – Products Liability

In California civil lawsuits, jurors are given jury instructions in order to help them determine whether the Defendant(s) should be held liable for injuries caused to the Plaintiff(s). A list of jury instructions can be found on the CACI Series 1200 Products Liability Section.

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