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.