Legal Question in Product Liability in California

Defective Motorcycle

My brother was ran over because his brand new motorcycle stall on a race track. It was the first time it had ever been used. He could not get it started intime to get out of the way of on comming riders . the bike would not start. Does he have any legal rights for defective product?


Asked on 10/20/06, 9:11 am

2 Answers from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Defective Motorcycle

I would need more details. There is something called the doctrine of assumption of risk that could prevent a recovery in this case because the motorcycle was being used in a race. I am a biker and a motorycle lawyer. You can find me at my website at www.bikerlawyer.net or my motorcycle law blog at www.bikerlawblog.com, or you can call me at 818.739.1544 ext. 10 to discuss a potential case.

Norm

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Answered on 10/25/06, 2:36 pm
David Lupoff Law Offices of David B. Lupoff

Re: Defective Motorcycle

"Assumption of the risk" will probably the defendant�s first defense. However, I am not sure this defense would be applicable since your motorcycle may have also stalled on the freeway. Question: Does the way you operate the bike on the race track substantially differ from the way you would operate it on the freeway?

If it can be proven that there is a design defect or a manufacturing defect, and that but for the defect, you would not have been injured, you may have somewhere to go with this.

Our office does product liability cases and it would probably be a good idea to contact us for a free consultation at, 818.385.0520.

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Answered on 10/25/06, 6:41 pm


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