Key Takeaways
- If your helmet, jacket, or other safety gear failed during a crash, you may have a product liability claim against the manufacturer.
- Georgia law allows injured riders to sue for defective design, manufacturing defects, or lack of warnings.
- These claims can help cover medical bills, lost wages, and pain and suffering—on top of any claim you may have against another driver.
Can defective motorcycle gear make a crash worse?
Absolutely. In a motorcycle accident, protective gear is often your only line of defense against severe injury. If that gear fails:
- A helmet that cracks on impact can lead to traumatic brain injuries.
- A jacket with faulty armor might do little to protect your spine or ribs.
- Gloves that rip or melt can leave your hands exposed to pavement burns.
Defective gear doesn’t just fail to help—it can actively make your injuries worse.
Who is liable if my helmet or gear failed during a motorcycle accident?
In Georgia, multiple parties could be liable:
- Manufacturer – if the product was defective in design or manufacturing
- Retailer or Distributor – if they sold a known defective item
- Importer – if the gear was produced overseas and sold under a U.S. brand
- Third-Party Driver – if another vehicle caused the crash in the first place
If someone else caused the crash and your gear failed, you may have two claims: one for the accident itself, and another for the defective product.
What types of gear defects qualify for legal action?
Product liability claims typically fall into three categories:
- Design Defect – The gear was poorly designed (e.g., a helmet with inadequate impact protection)
- Manufacturing Defect – The product was flawed due to an error during production (e.g., bad stitching, faulty buckle)
- Failure to Warn – The gear lacked instructions or warnings about its limitations or maintenance
Georgia law allows victims to sue for defective products that cause or worsen injuries—even if the product wasn’t the main cause of the crash.
Do I need to prove the gear caused my injuries?
Yes—but you don’t need to prove negligence, only that:
- The gear was defective
- You were using it as intended
- The defect caused or worsened your injuries
This is known as a strict liability claim in Georgia.
How can a Georgia motorcycle injury lawyer help?
An experienced attorney can:
- Inspect and preserve your damaged gear as evidence
- Work with experts to analyze whether the product was defective
- Identify all liable parties (manufacturer, retailer, etc.)
- File both personal injury and product liability claims
- Seek full compensation for medical care, lost wages, pain, and disability
At Hines Law, we’ve seen motorcycle crashes in Atlanta, Marietta, Austell, Gainesville, Jonesboro, and Dalton where riders were seriously hurt despite wearing gear. If that gear failed, we investigate it immediately.
Georgia Defective Motorcycle Gear FAQ
Can I sue even if I bought the gear online or used?
Yes. As long as the gear was defective when sold, you may still have a claim—even if purchased online or secondhand.
Is there a time limit to file a product liability case in Georgia?
Yes. You have two years from the date of injury to file a lawsuit in most cases.
Do motorcycle helmets expire?
Yes—most helmets have a 5-year lifespan. But if a newer helmet fails during a crash, the manufacturer may be liable.
Will I need the actual damaged gear to file a claim?
Yes, ideally. Try to preserve your helmet, jacket, gloves, and boots in the condition they were after the crash.
What if I wasn’t wearing all my gear?
That doesn’t bar you from filing a claim—but it may affect how much compensation you’re eligible to receive.
Was Your Gear Supposed to Protect You—But Didn’t?
If your protective gear failed in a crash, don’t just blame the road. You may be entitled to compensation.
Call Hines Law at 404-226-4236 for a free case evaluation. We represent injured riders throughout Georgia, with offices in Atlanta, Austell, Gainesville, Jonesboro, Marietta, and Dalton.