Personal Injury Law
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Product Failure

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.

Auto Accidents
Bicycle Accidents
Rider Error
Fault of a Motorist
Product Failure
Roadway Defects
Burn Injuries
Industrial Accidents
Traumatic Brain Injury
Truck Accidents
Wrongful Death