I was injured by a defect in my bike and I want to know who can be held responsible for my injuries, medical bills and lost wages?
Author: Attorney Jason Macri
Cycling is not only a seriously competitive sport but also an enjoyable recreational activity and healthy way to get around town. Modern bicycles can be very complex, with a multitude of advanced components and systems. These components may be extremely helpful but unfortunately, they are not immune from failure due to defects. If a person becomes injured due to a defective component of their bicycle, ultimately the designer, maker and/or distributor of that component will be liable to the injured person for their damages. These damages will be composed of a combination of the injury, coupled with past and future pain and suffering, lost wages and medical bills. As one can imagine, the damages may be quite large considering the types of injuries that may occur as the result of a bike accident.
Ultimately, the designer, maker and/or distributor of a product will be liable to the consumer for any damages caused by a defect in the product. Bicycle designers and manufacturers are held to the same standard. Prior to placing a bicycle component into the stream of commerce, the designer and manufacturer of the component are responsible for ensuring that the product is not defective and will not be harmful to the public. Proper testing and oversight is required to ensure safety. If the maker of the product hasn’t taken the proper steps to ensure safety and prevent defects, the maker will be liable to the consumer. This type of claim is typically known as a products liability case.
If a person becomes injured because of a defective bicycle component, they should seek legal counsel immediately. Products liability cases can be very costly and typically require specialized knowledge. Only a qualified expert with a specialized knowledge of the product in question would be able to accurately render an opinion regarding whether the maker of the product is responsible to the injured person. Your attorney will need to consult with the expert in order to effectively bring your claim against the responsible party. As with any case, time is of the essence. For each day that passes after injury, the case may potentially become weaker and weaker. The evidence may be lost, destroyed or may even deteriorate. This will only have a negative impact on the claim. A timely claim may make as huge difference in the success of the case.