Defective equipment really relates to two separate elements: (1) a defect in the motorcycle itself which caused the operator to lose control of the bike, or (2) a defect in the protective clothing and helmet the motorcyclist was wearing at the time of the accident, resulting in death or more severe injuries than the motorcyclist would have sustained had the protective gear not failed, particularly if the helmet was defective.

Examples of things that can go wrong include defective brakes that fail, defective tires, defective gas tanks and hoses that create a fire hazard, defects in the chain that cause it to break, accelerators that stick, snapped brake cables, or seats that fail under normal use. A defective helmet with a faulty restraining strap can fly off the motorcyclist’s head. Or the helmet may be made out of inferior materials that fall apart from the impact with the road or a fixed object.

There are two types of defects in the making of a motorcycle: (1) a design defect that renders all motorcycles made according to the specifications dangerously defect, and (2) defects in manufacturing, in which individual motorcycles are improperly manufactured.

In a defective design case, the dangerous defect is in every make and model of a particular motorcycle. When the design defect is discovered, there may be a recall of the motorcycle to fix the dangerous defect. Because of the motorcycle’s inherent design defect, it makes the motorcycle unsafe to ride or likely to cause injuries to or deaths of the motorcyclists.

In a manufacturing defect on a particular motorcycle, the motorcycle may be properly and safely built according to proper and safe specifications, but something happened in the manufacturing process to make the individual motorcycle unsafe. For example, a welder may not do his or her job correctly, and the motorcyclist is severely injured when, while riding the bike, the bad weld fails, resulting in death or serious injury to the motorcyclist.

In addition to defects in the design or manufacturer of motorcycles that cause injuries to unsuspecting motorcyclists, the second category of injury result from the failure of protective gear—including helmets—to do its job effectively, thereby leaving the fallen motorcyclist with severe abrasion burns, broken bones, “road rash,” and, in the case of a defective helmet, traumatic brain injury (TBI) that can range from a mild headache to the complete inability to function and take care of yourself, requiring the need for around the clock attendants. Such an injury to the head and brain can even result in the death of the motorcycle operator and his or her passenger. Proper gear can save you from sustaining abrasion burns if you are dragged a ways or if you are ejected from the motorcycle.

When you have been injured by a defective motorcycle, you are entitled to sue the motorcycle store that sold you the motorcycle, the distributor of the bike, and the manufacturer of the bike. If you bought a used motorcycle from a private party, you generally cannot sue the person who sold you the motorcycle, as sales of used property—including motorcycles—between third parties are considered “as is” sales: you take the product as it is, defects and all. It is up to you to inspect the motorcycle or take it to a motorcycle mechanic before buying it and having the mechanic examine the motorcycle for problems or potential problems. However, if it turns out that the used motorcycle you bought from a third party does indeed have a defect in design or manufacturing that causes you, your passengers, and even other motorists or pedestrians injury, you can still sue the manufacturer and distributor of the bike for the defect in design or manufacture.

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