Earlier this year, a state judge approved a settlement between a motorcyclist and the person he claimed was responsible for the accident that left him seriously and permanently injured. However, the motorcyclist’s claim against the manufacturer of the helmet that he alleges failed to protect him has not yet been resolved.
Potential Parties in a Motorcycle Accident Case
While it is commonly held knowledge that a person who negligently causes a serious motorcycle accident may be held financially liable by the injured victim of the accident, that is not necessarily where liability ends. Manufacturers of motorcycle helmets represent that their product can help save lives and reduce the impact to a motorcyclist’s head in the event of an accident. When a motorcycle helmet is flawed and does not do its job, the manufacturer may be held liable under a products liability theory.
The general principle underlying products liability claims is that a manufacturer should be held accountable for what they represent to the public. There are several different product liability claims available, depending on the specific circumstances of the case. They include defective design, manufacturing defect, and breach of warranty claims. Each claim is slightly different and requires a plaintiff prove different elements in order to be successful.