A defective bicycle can cause injuries to unsuspecting riders. Riders traveling at fast speeds on intersections or roads can suffer serious injuries if the product fails to work properly. If you have been injured as a result of a defective product contact a product liability attorney. You may be entitled to compensation for your injuries.
What makes a bicycle defective? A bicycle accident can be cause numerous bike defects including (1) defective design; or a (2) manufacturing defect. Defectively designed products are those which are inherently defective based on a design. When a product is defectively designed then all like products can be defective as well. Design defects can occur when manufacturers are negligent in the design of a product and fail to calculate for foreseeable uses of the product. Bicycle parts that can be defective may include:
- Defective Bicycle Chains
- Defective breaks
- Defective frames
- Defective tires
- Defective Pedals
- Defective gears and gear shifts
- Defective seats and saddles
- Defective crank arms
- Defective after maker bicycle parts
Manufacturing defects occur when the single product in question suffers from a manufacturing defect. This means that the product is defective or deviates from the manufacturers original prototype or design. In such cases it is important to speak with a product defect attorney to better understand your case.
Who is liable for defective bicycle accidents and injuries
Liability for defective products can be n the form of strict liability, negligence or breach of a warranty. A cause of action for strict liability applies when a manufacturer markets a product without proper inspection. In such cases the manufacturer is considered to be held strictly liable. In such cases the injured party is only required to show that they were in fact injured as a result of the defect. Other types of liability can be negligence. When a party is injured as a result of a defective product, a number of entities can be held liable for injuries suffered. This includes all commercial sellers of the product. Refer to our product liability main page to better understand your cause of action for a product liability lawsuit.
What if my bike was a gift? Often times bikes are given as gifts and the original party was not the purchaser of the product. In such cases California laws permits you to recover for your injuries even if you are not the purchaser of the product. So long as the product was not altered and our experts can show a defect was the result of your injuries, then a potential defective product case can exist.
What to do after my accident? If you have been injured as a result of a defective bicycle, keep in mind that preserving the evidence is critical to your case. Make sure to keep the product in the same condition as after the accident. Tampering with the product in any way can seriously diminish your ability to recover. If the evidence is “spoiled” it may minimize what can be recoverable. Here are some important tips to keep in mind:
- Seek medical attention if needed.
- Do not tamper or attempt to determine what made the product defective.
- Do not return the item. A initial reaction of an injured party is to return the product. However you should keep the product in your possession until an expert can determine whether it was defective.
- Do not speak or report the incident to any insurance provider or carrier. Insurance companies whether your own or a product manufacturers can use statements made against you. Make sure to not speak with any insurance companies until you have retained an attorney.
- Speak to a bicycle defect attorney at Downtown L.A. Law, we can help.
Common Injuries resulting from defective bicycle accidents There are many common injuries sustained from a defective bike. They can include the following:
- Broken bones;
- Head injuries;
- Spine injuries;
- Hip injuries;
- Dental damage;
- Eye injuries;
- Facial lacerations;
- Shoulder or wrist injuries;
- Leg injuries.
This is not a complete list. Injured parties should seek medical attention to better understand their injuries. How much does it cost to hire an attorney? Most attorneys work on what is known as a contingency fee. What this means is that unless you recover a settlement the attorney is not awarded any fee. Generally fees can be anywhere from 33%-40% depending on certain facts. More Information on Bicycle Accidents