Wednesday, April 10, 2013

Bicycle equipment failure leads to significant settlement

My client was riding his bicycle in the countryside when his seatpost bolt snapped, the saddle fell off and he fell off his bicycle badly breaking his leg.

He had purchased his bicycle new several years earlier. He had taken good care of his bicycle. He had not abused his bicycle. His bicycle was properly maintained.

As an avid bicyclist and former mechanic I do not like making product liability claims without good reason. In this case there was a good reason. A part as important as a bolt holding on the seat should not fail. It is such a critical part. If it fails, the seat must fall off. If the seat must fall off there is a reasonable likelihood that the cyclist will follow. In this case, the cyclist did follow and broke his leg.

Years ago I worked in a law firm that defended automobile manufacturers such as BMW from product liability suits. I had the bicycle mechanical background to analyze the situation. I had the legal background to prosecute the situation. I had an expert metallurgist available to examine the bolt. My client was very sympathetic and credible. His injuries were very real. Combining all of these factors led to a favorable settlement for my client.

No comments: