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Articles Posted in Third-Party Liability

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motorcycle-4334549_640-e1730780039330Harley-Davidson Motor Company and the National Highway Traffic Safety Administration recently recalled specific 2024 FLHX, FLHXSE, FLTRX, FLTRXSE, and FLTRXSTSE motorcycles that it manufactures. The reason for the recall is the discovery that the voltage regulator output wire may rub against the front of the crankcase, which houses the motorcycle engine, revealing the wire. As time passes, this condition can produce an electrical short circuit. When this happens while a motorcycle is moving, it increases the risk of a crash. If you were injured on a Harley-Davidson and suspect that it was because of an electrical short circuit, you should call the experienced Chicago-based product liability lawyers of Moll Law Group. Billions have been recovered in cases around the country with which we’ve been involved.

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You may not be sure that your Harley-Davidson motorcycle is affected. You should check the model number to determine whether it is, and you shouldn’t drive the motorcycle if it is any of these: HARLEY-DAVIDSON FLTRXSTSE 2024, HARLEY-DAVIDSON FLTRX 2024, HARLEY-DAVIDSON FLHX 2024, HARLEY-DAVIDSON FLHXSE 2024, and HARLEY-DAVIDSON FLTRXSE 2024. The potential number of Harley-Davidsons affected by this recall is 41,637. If your motorcycle has an electrical short, the result may be loss of electrical and drive power while you’re in motion, and you may find yourself in an accident.

The remedy that’s been offered if your car is affected is to have dealers inspect and repair the voltage regulator output wire harness, as well as install a secondary retention strap. There’s no charge for this fix. Notifications were mailed to owners on September 23, 2024, but you can also called the company’s customer service at 1-800-258-2464 and reference recall number 0186, and you can also notify the National Highway Traffic Safety Administration Vehicle Safety Hotline online or at 1-888-327-4236 (TTY 1-800-424-9153).

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Usually, when an accident occurs, the injured person will seek compensation from the person at fault for causing the injury. However, when an employee was at fault, the employer may be responsible for the injury, even when the employee was not technically “on the job.”

In a recent case in a federal court of appeals, an employee working for the federal government borrowed a car from his employer without receiving explicit permission before doing so. The employee drove the car back to his hotel, where he had been staying for work. On his way back, the employee was in a car accident, and another driver was seriously injured. The injured driver brought a claim against the employee as well as against the government.

The government moved to dismiss the case, arguing that the employee was acting outside the scope of his employment when the accident occurred. The employee was working in another city and staying at a hotel there. He was using a government car during work hours, but he was typically using his personal car after work. Yet he was not forbidden from using the government car outside work hours, and he was permitted to take the car back to the hotel overnight if he first obtained approval from his supervisor.

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In December 2015, a state appellate court held that a hospital owed a duty to other drivers to inform patients about the effects of medication administered at the hospital.

According to one news source, on March 4, 2009, a patient sought treatment at South Nassau Communities Hospital in Oceanside, NY. As part of her treatment, the hospital gave the patient an opioid narcotic painkiller and a benzodiazepine drug. However, the hospital did not warn her that the medication impaired or could impair her ability to safely operate an automobile. After leaving the hospital and driving herself, the patient was involved in an accident that injured Edwin Davis. As she was driving, the patient’s car crossed a double yellow line and struck a bus driven by Davis. In Davis v. South Nassau Communities Hosp., Davis brought suit against the hospital, alleging that the crash was the result of the hospital’s failure to warn the patient about the effects of the medication.

The court held that the hospital owed a duty to other motorists to warn the patient that the medication administered to her either impaired or could have impaired her ability to safely operate an automobile. The court reasoned that the hospital’s employees were the only people who could have provided a proper warning of the effects of the medication.

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