I have a question can anybody help me please?
My brother brought an off-road motorcycle and he found out the hard way. The seal around the fule tank loosens allowing fuel to leak, and posing a real fire hazard. He wants to sue the manufacuturer. Though, he doesn't know whether to sue the manufacturer based on negligence or strict liability?
Answers:
It depends on the cause of the leak and whether the company knew of it before they distributed the motorcycles. Negligence implies a lack of care whereas in strict liability it is a "know of or should have known of" standard. Negligence has a lower level of proof required. Basically, you need to consult a lawyer.
Isn't there a warranty on the vehicle?
Sue for what reason? Was there an injury or do you just want to make a buck? On what basis do you find negligence? If the seal is loose, have it fixed at a dealership. Perhaps it is under warranty. Solve the problem and stop looking for lame excuses to make a buck.
First make sure it's not still under some kind of warranty (the part or the bike itself), and contact the company about the problem and ask about a replacement.
That's the easy way - then, if that doesn't work, go online and look for class-action lawsuits about the part, because if this is a design flaw, it's happened to more people out there, and you will easily be able to join the list.
If those first two options don't work, then call an attorney who specializes in defective products and consumer law (yellow pages, or call your local bar association for a referral). You will likely be able to find one who will take the case for no money down and work on a contingency basis. It's a little more complicated than negligence and strict liability.
Should still be under warranty, but if not, some attorneys allow a 20 minute ask and answer session for free. Find one in the yellow pages. You will probably get better advice unless there's an attorney around here on his day off to answer you. I'm not being snotty, I just think an attorney would give you better answers.
check to see if there was a recall first so that you know if the manufacturer knew about it.second.why would he sue if he wasnt harmed?...thats the problem this country faces these days...people who want something for nothing...thats like suing ford because you COULD be in an accident...just have him return it to the dealership for repair under warranty
Unless someone was injured neither negligence nor strict liablity will help you. If you want the bike fixed it would be under a theory of warrenty.
He doesn't have to choose between negligence and strict liability because there is no possibility of a successful suit here. As has been noted, this is a WARRANTY issue. In other words it is a contractual issue. If your brother has not been injured, he cannot sue for negligence because there are no damages!
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