Bikes, like any product, may have defects due either to poor design, bad manufacturing techniques, or both. If product failure is suspected, it is critical to keep the bicycle and all component parts so that they may be examined by experts in the same or substantially similar condition as existed at the time of the accident. Never ever send the bike to the bike shop or manufacturer for examination before you have had your lawyer and experts perform their own examination and inspection.
We have had cases where unsuspecting cyclists sent the frame or other parts to a bike shop or manufacturer, never to see them again. Without the product, it is difficult, if not impossible to prove a case of product liability. Examples of bike product failure cases the lawyers at Magaña, Cathcart & McCarthy have experience in are:
- Fork failures, most notably with carbon fiber forks.
- Bolt failures due to fatigue or poor manufacturing techniques.
- Brake failures.
- Faulty welding on aluminum frames.
- Tire and/or tube failure due to manufacturing defects.
- Poor design causing the chain to come off the chain rings and lodge against the bottom bracket.
In dealing with product defect cases, the conduct of the retailer or manufacturer must be scrutinized to determine if assembly, failure to warn, or failure to instruct are causal factors in an accident. |