Dynacraft’s Monster High City Motor Scooters have recently been recalled because of a fall risk. This scooter can suddenly accelerate, resulting in loss of rider control and a fall. Although there have been reports of fall injuries, there are certainly other risks with this type of defect.
It could cause a rider to slam into an object, go off the sidewalk into the street or strike someone else. These are dangers that could cause serious injuries.
So far the company has received nine reports of the scooter unexpectedly accelerating. The good news is that so far injuries have been minor and include only bruises and a bloody nose.
Establishing Liability in a Defective Product Claim
In order to recover damages in a claim related to a defective product, liability must be proven. Unlike most types of personal injury cases where it must be shown that negligence was the cause of injuries, this is not true in a claim involving a defective product.
This is where strict liability comes into play. It means that whether or not the company or entity was negligent, it can still be found liable for a product that causes serious or fatal injuries because the company is responsible for its safety.
This eliminates having to prove negligence. However, it does mean establishing that the injuries were directly connected to a defect or flaw in the product.
The party or parties that can be named in this type of case depends on the source of the defect. In some circumstances, several parties could be named. Many of these claims, however, name the manufacturer who is generally responsible for making the product. Other parties that could potentially be liable are distributors, wholesalers, engineers and retailers.
Contacting an attorney at Gacovino, Lake & Associates can help an injured consumer learn if he or she has a valid case. Don’t hesitate to seek legal counsel if considering a claim.
