Can You Recover Damages for Defective Parts or Negligent Repair?
When you’re involved in a collision with another vehicle while riding your bike, you can bring a lawsuit against the other motorist, provided you can show that he or she acted carelessly or negligently, causing the accident and your injuries. But what are your rights when your motorcycle breaks down, causing you to lose control? There’s no other motorist to blame for your losses. What are your options?
Product Liability Claims for Defective or Dangerous Parts
If your bike broke down because of a poorly designed or manufactured component, such as the brakes, a tire or the steering mechanism, you may be able to file what is commonly referred to as a “product liability” claim. There are typically three types of product liability claims, ones based on:
- Negligent design—Carelessness in the design of a product
- Negligent manufacture—Lack of care in the fabrication, construction, assembly or manufacture of the bike or one of its component parts, including the use of substandard materials
- Negligent marketing—Failure to warn of known dangers associated with a product
In a product liability claim, you may typically bring in any party in the chain of distribution, from the designer to the retailer.
Negligence Claims for Careless Maintenance or Repair
If the failure of a mechanic or garage to properly maintain or repair your motorcycle caused the accident, you can bring a lawsuit based on negligence. To succeed, you will need to show that the garage or mechanic failed to act as a reasonable person would, that the failure to do so caused the accident, and that you suffered actual losses as a result of the accident.
The Potential for Comparative Negligence
Under the comparative negligence principles in New Jersey, you may be partially responsible for your losses if it can be shown that you were partially at fault. For example, if you failed to maintain your bike, you could be held somewhat liable. With New Jersey’s modified comparative negligence, the defendant would need to show that you were more than 50% responsible to prevent you from recovering something for your losses.
Contact the Law Offices of David J. Karbasian, PC
Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal accident injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.
