Since a person purchasing any type of helmet expects it to protect them in the event of a collision or accident, helmets must provide proper warnings of any dangers that the product will not protect them from. You have a right to be appropriately notified of the helmet’s limitations because you rely on it to keep you safe when riding a motorcycle.
What Is A Warning Defect?
A warning defect, often known as a warning label defect, is a legal doctrine that underlies most defective product liability cases. A warning defect occurs when a producer fails to provide enough warnings about the product. This can take the shape of a missing label, product details on the package, and so on. A product with a warning defect can cause serious injury to a customer. This is especially true for objects with sharp edges, such as knives, heated surfaces, or hazardous chemicals, which are already unsafe to use on their own.
What is Classified as a Warning Defect?
If product producers do not provide enough warnings to users, motorcycle gear can be defective. One example is that manufacturers must tell riders if a pair of gloves is ineffective in the rain. A manufacturer must provide a notice if an improperly sized helmet is unsafe to use. The law expects that a consumer only has a basic understanding of how to utilize a product. The producer must provide an adequate warning if the client requires instructions on how to safely use a product.
What factors determine liability in a warning defect lawsuit?
In order to establish the liability of the claim, the state of California requires that the plaintiff proves that:
- The defendant manufactured, distributed, or sold a product.
- The defendant was aware of or should have been aware of the product’s potential hazards.
- There was insufficient warning to customers about the dangers they might face.
- When the product was used or misused in an intended or reasonably foreseeable fashion, such risks posed a significant threat.
- Ordinary consumers would not have been aware of the dangers.
- The lack of instructions or warnings harmed the plaintiff.
How long do you have to file a Warning Defect Lawsuit?
The statute of limitations in California for defective warnings is normally two years from the date of injury. A plaintiff loses his or her right to sue if he or she does not file a lawsuit within the given time limit. If the injury was not discovered until later, a lawsuit can be filed for up to one year after the injury was discovered if the plaintiff was unaware of facts that would have led a reasonable person to suspect that he or she had suffered harm as a result of an inadequate product warning, or if a reasonable and diligent investigation would not have revealed that a warning defect caused the the injury.