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Date: 12-12-2023

Case Style:

Gary E. Mason v. Rad Power Bikes, Inc., et al.

Case Number: 2:23-cv-01446

Judge: Thomas S. Zilly

Court: United States District Court for the Western District of Washington (King County)

Plaintiff's Attorney:



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Defendant's Attorney: Fletcher C Alford, Kevin Liu, Nancy M Erfle

Description: Seattle, Washington personal injury lawyer represented the Plaintiff who sued the Defendants on motor vehicle product liability theories claiming to have suffered more than $75,000 in damages and/or injuries.

Motor vehicle product liability law protects consumers from injuries caused by defective or malfunctioning vehicles and their components. It's a complex area of law with various factors and nuances to consider, so here's a breakdown of key elements:

Types of Defects:

Manufacturing defects: These occur during the production process and deviate from the intended design, leading to malfunction or failure.
Design defects: These are inherent flaws in the vehicle's design that make it inherently unsafe, even if manufactured correctly.
Marketing defects: These involve inadequate or misleading information about the vehicle's safety features or capabilities, leading to consumer harm.

Proving Liability:

To successfully bring a product liability claim, the injured party must prove:

The vehicle had a defect: This can be challenging and often requires expert testimony.
The defect caused the injury: There must be a direct link between the defect and the harm suffered.
The manufacturer was aware or should have been aware of the defect: This can involve evidence of similar incidents or design flaws.

Defenses:

Manufacturers may raise various defenses, such as:

Contributory negligence: If the injured party contributed to the accident through their own actions, their compensation may be reduced.
Preemption: In some cases, federal safety standards may preempt state product liability laws.
Assumption of risk: If the injured party knew about the risk associated with the defect and chose to use the vehicle anyway, their claim may be weakened.

Damages:

If successful, the injured party can recover various damages, including:

Medical expenses: Costs of medical treatment related to the injuries sustained.
Lost wages: Income lost due to the inability to work as a result of the injury.
Pain and suffering: Physical and emotional pain and suffering caused by the injury.
Property damage: Costs of repairing or replacing damaged property.
Punitive damages: In some cases, additional damages may be awarded to punish the manufacturer for intentional or reckless misconduct.

Statute of Limitations:

Each state has a statute of limitations for filing product liability claims, typically ranging from two to four years from the date of the injury.

Seeking Legal Help:

Navigating motor vehicle product liability cases can be complex and require specialized knowledge. Consulting with an experienced personal injury attorney specializing in this area is crucial to assess your case, gather evidence, and build a strong claim.

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Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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