Product liability claim for cyclist after collapse of bicycle
Levenes have been successful in recovering compensation for their client after he suffered injuries in what appeared to be a freak accident when he was riding his bike.
Mr SJ bought his bicycle online. The bicycle was delivered ready to ride, with only the need to fit the pedals and turn the handlebars around. The bicycle was not cheap – it cost £1,800.
He rode his bicycle to commute to work over a period of 2-3 weeks after he bought it without incident.
Injured by defective bike
One day, as he was riding along, a pedestrian stepped out into the road in front of him. To avoid hitting the pedestrian Mr SJ braked hard. When he did so, the front wheel collapsed, and he fell off the bike and suffered an arm injury.
The wheel was found to have buckled completely and the rim was cracked.
Who is responsible?
A claim was made to the seller of the bicycle. The seller denied any liability and failed to take up our invitation to come and inspect the wheel, and so court proceedings were commenced.
The court ordered there to be an inspection from an engineer. The engineer found that the spokes of the wheel were loose and therefore the wheel did not have the structural strength that it should have done. When the rider braked, his forward momentum and weight was transmitted to the wheel and this then collapsed. The fault was not likely to have developed in just 3 weeks and was not due to any neglect of Mr SJ.
The seller of the bicycle had claimed that the bicycle was inspected and was in good condition when it was sold. That was clearly not true but actually whether it had been properly inspected or not was irrelevant.
The only issue was whether the bicycle was fit for purpose when it was sold and clearly it was not. It is not necessary to prove negligence in this type of claim. The buyer of the bicycle is entitled to bring a claim for breach of contract without any blame on the part of the seller. In other words, even if the seller could not have possibly found the fault, they would have been liable.
Experienced personal injury lawyers for faulty bike parts claims
Shortly after the engineer’s inspection, the seller of the bicycle agreed to settle the claim.
Commenting on the case, Tim said “it was important in this case that the client had not had the bicycle for long as it made it less likely that the problem with the wheel could be blamed on anything other than the manufacture of the bicycle. In this case, we had the evidence and it was a surprise that the defendant fought the case for as long as they did”.
This is another bicycle wheel failure case that Levenes have pursued in recent years.
Make a claim for a bike fault injury
Our specialist lawyers can help cyclists involved in an accident caused by a defective bike or bike part and recover compensation. You will need expert advice on what action you can take to obtain compensation and what evidence will be required. You can trust in the experience and knowledge of our team of professional cycling injury lawyers to ensure that you receive the maximum amount of compensation that you are entitled to.