Respondeat Superior and Product Liability in Motorcycle Injury Claims

Depending on your case, your claim may be based on Respondeat Superior and product liability

Speak to a Thousand Oaks Motorcycle Injury Lawyer if you have suffered a motorcycle injury because of a defective part in the motorcycle or your accident was caused because of a malfunctioning motorcycle part. You can claim compensation under the product liability. The relatively new field of product liability establishes liability without the necessity of proving fault. Manufacturers, in particular, are held liable for distributing dangerously defective products despite a lack of intent to harm or lack of care in production. Motorcycle injury claims based on product liability are complex and require the assistance of an experienced Thousand Oaks Motorcycle Injury Lawyer. Manufacturers may exercise reasonable precautions to make their products safe and certainly do not intend to injure their customers, so it is difficult to assign fault under theories of negligence or intentional tort. A experienced Thousand Oaks Motorcycle Injury Lawyer can review your case and inform you if you have a claim based on product liability.

Contractual Relationship

If you motorcycle injury is caused by a defective part in the motorcycle, speak to an experienced Thousand Oaks Motorcycle Injury Lawyer.  The purchase of products creates a contractual relationship, but ordinary contract remedies do not contemplate compensation for motorcycle injury. You can however claim compensation under product liability. You, the consumer reasonably relied on the seller to deliver a product fit for use. Implied warranties were in addition to the express warranties given by the seller. The advent of the automobile made implied warranties important because the purchaser was rarely in a position to determine whether the product was properly designed or assembled. Your Thousand Oaks Motorcycle Injury Lawyer will strive to get you the compensation you deserve. The theory in products liability is that the commercial manufacturer of a product sold to the public should be strictly liable for the product failure. The situation becomes slightly more complicated where a commercial manufacturer supplies a component that another commercial manufacturer incorporates in a product sold to consumers. Seek the assistance of a Thousand Oaks Motorcycle Injury Lawyer.

Rule of Respondeat Superior

Speak to a Thousand Oaks Motorcycle Injury Lawyer if you have a motorcycle injury claim based on the rule of Respondeat Superior. The master is responsible for the actions of his servant, providing that those actions may reasonably be said to follow from the orders given to the servant. This is the rule of respondent superior. In an injury claim, it means that the employer must answer for the action of its officers and employees provided that the officer or employee was acting in general compliance with the requirements of his job. Your Thousand Oaks Motorcycle Injury Lawyer will review the facts of your case to determine if you have a claim under the principle of Respondeat Superior. If the employee does something not called for in the performance of his duty, his actions are ultra vires and the employer bears no responsibility for them. Since an individual is responsible for his own actions where there is no master-servant relationship to protect him, this means that you must sue employee. Don’t loose out on the compensation you rightly deserve. Speak to a Thousand Oaks Motorcycle Injury Lawyer.