At The Killino Firm, we know how important it is that a product performs the way it should. When a bicycle fails while someone is riding it, the result can be death or serious injury, including brain damage, spinal injuries, broken bones and other trauma. Injuries like these can cause permanent disability and disfigurement, and they may require lifelong care and costly treatment. We also recognize the emotional pain and suffering that come with them. We are devoted to helping riders and their families recover the compensation they are entitled to after being hurt on a dangerous or faulty bicycle that was defectively designed, manufactured or assembled.
If a child was hurt on a defective bike, see our child bicycle accident page, which covers the rules and damages that apply to injured children.
Riding a bicycle happens outdoors, with many variable factors, so riders sometimes get nicks and scrapes. But when an injury happens because the bicycle was not properly manufactured or assembled, the injured person or their family has the right to seek compensation for their injuries and for their pain and suffering. Bicycle defect claims are a type of defective product claim. We fight on behalf of injured riders and their families, and we make sure the responsible parties are held accountable. Call 878-888-7878 for a free, confidential consultation.
What Are Common Bicycle Defects?
A defect can be in the design, in how a part was manufactured, or in how the bike was put together. The failures that cause the most serious crashes involve the parts that hold the rider on the bike and keep it under control. Brakes that fail or do not stop the bike as designed are among the most common, and a front fork that cracks or breaks can throw a rider over the handlebars with no warning. Handlebars and stems can snap or loosen, seat posts and seat clamps can slip or fail, and frames can crack at the welds. Pedals, cranks and drive chains can fail under load, and wheels, wheel hubs and tires can fail suddenly. Poor assembly adds to the risk, because a part that was installed loosely or incorrectly can fail even when the part itself is sound. Missing or inadequate warnings and instructions can also be a defect, if a rider was never told about a danger the manufacturer knew about.
Which Bicycles and Bike Parts Have Been Recalled?
The Consumer Product Safety Commission regularly issues recalls for bicycles with defectively manufactured parts. Brakes, forks and fork axles are among the parts that have been recalled. Many faulty bicycles and components are made overseas, including in China and Taiwan. Brands affected by recalls have included Trek, Giant, Specialized, Rocky Mountain, Felt, Norco and Huffy. Search your bike’s brand and model on the CPSC site, and read more on our product recalls page. A recall does not remove your right to bring a claim if you were hurt.
What About E-Bike Batteries and Fires?
Electric bikes add a battery and a charger to the list of things that can fail. E-bikes and their batteries have been recalled for overheating and fire hazards, and a battery fire can be sudden and severe, particularly when the bike is charging indoors. If an e-bike or its battery overheated, caught fire or failed while you were riding, keep the bike, the battery and the charger, and call us. The battery maker, the bike maker and the seller may all be responsible.
What Federal Rules Apply to Bicycles?
It may surprise many people to learn that federal regulations govern how bicycles are manufactured and distributed. The rules cover mechanical requirements and the requirements for braking systems, steering systems, pedals, drive chains and tires. They also cover fork and frame assembly, protective guards, wheels and wheel hubs, seats, reflectors, and instructions and labeling. A bike that does not meet these requirements, or a company that sells one, can be responsible if the failure causes an injury, and a violation of the rules can be strong evidence of a defect.
What Injuries Can a Defective Bicycle Cause?
When one of a bicycle’s systems fails, serious injuries may result. Riders thrown from a bike can suffer bone fractures, brain injuries, head and back injuries, nerve damage and organ damage. The most severe crashes cause paralysis, spinal cord injuries or death. Because a bike gives a rider no protection other than a helmet, even a fall from a low speed can be catastrophic when a part fails without warning.
Can a Defective Bike Helmet Support a Claim?
Yes. A helmet that cracks, comes off or fails to protect a rider the way it should can be a defective product. If a helmet failed in a crash, keep it exactly as it is and do not clean or repair it. The helmet maker, and in some cases the seller, may be responsible, and a separate claim for the helmet can be brought alongside a claim about the bike.
Can I Sue After a Bicycle Defect Injury?
Yes, if a defect caused your injury. Laws that apply to defective bicycles often vary from state to state. Generally, those who manufacture, design, distribute or sell a defective bicycle may be held liable for injuries to a person who uses it, if the defect was a cause of the injury.
A claim for a defectively manufactured or designed bicycle is brought under product liability law. It requires proof of a defect, proof that the defect was a cause of the injuries, and proof that the injuries resulted in damages that the law will compensate. Each element must usually be proved by a preponderance of the evidence, and it often requires expert testimony. Where the problem is defective assembly, the standard is usually negligence. A claim generally requires proof that the bicycle was defectively assembled, that the assembly was a cause of the injuries and that the injuries are compensable, and experts may be needed here too.
What Is the Difference Between a Design Defect and a Manufacturing Defect?
A design defect means that every bike of that model is unreasonably dangerous because of how it was designed, for example a fork design that can crack under normal braking. A manufacturing defect means that the model is fine but your bike was made wrong, for example a fork that fractured at a flaw created during production. Both can support a claim, and both usually need engineering analysis to prove.
Who Can Be Held Responsible for a Defective Bicycle Injury?
Depending on the facts, responsible parties can include the bicycle manufacturer, the maker of a component such as brakes, forks or wheels, the designer, the distributor, the retailer, and a shop or assembler that put the bike together wrongly. A helmet maker can also be responsible if a defective helmet failed to protect a rider. We investigate each link in the chain, because each company may have separate insurance.
How Do You Prove a Bicycle Was Defective?
Proving a defect takes physical evidence and expert analysis. Engineers and metallurgists can examine a broken part to show whether it failed because of a design flaw, a manufacturing flaw or poor assembly. That is why the bike and the failed part must be kept exactly as they are after the crash. Bicycle crashes rarely have only one cause, and defendants often blame the rider, the road or the weather. A lawyer experienced in product cases knows how to separate the defect from those other factors, and how to show that the part failed because of how it was made and not because of how it was used.
What Should I Do After a Bicycle Part Fails?
Get medical care right away, even if your injuries seem minor. Do not repair, discard or return the bicycle or the failed part, because they are the most important evidence you have. Take photos of the bike, the broken part, the crash scene and your injuries, and keep the receipt, the manual, any shop records and any recall notice. Report the incident to the Consumer Product Safety Commission at cpsc.gov, and contact The Killino Firm before you speak with the manufacturer or an insurance company.
How Long Do I Have To File a Bicycle Defect Lawsuit?
Each state sets its own deadline, called a statute of limitations, for product liability and wrongful death claims. In many states it is two years, but it varies. Contact us as soon as you can so we can tell you the deadline that applies to your case.
Why Choose The Killino Firm for a Bicycle Defect Case?
No matter how severe your or your loved one’s injuries, we believe that all responsible parties should be held accountable for their mistakes and negligence. We work regularly with advanced technology and industry experts to analyze what caused the injury. If negligence is shown, we fight to secure the maximum compensation you are entitled to. From CNN to ABC and around the world, the Killino Firm has been recognized in the news for its commitment to safety. You can view the Killino Firm in the media.
Contact the Killino Firm Today
If you or a loved one was injured because a bicycle was not properly manufactured or assembled, you may be entitled to compensation. That is true whether the bike is a city bike, a mountain bike, a hybrid or an e-bike. Call 878-888-7878 or schedule a free, private consultation with one of our attorneys.
