Bicyclists have little in the way of protection, which makes riders highly
vulnerable to suffering injuries in accidents. While many
bicycle accidents are caused by the negligence of others, including negligent drivers, some
are caused by unsafe and defective bikes. Just as with a bicycle accident
case involving negligent drivers, riders have the opportunity to hold
a manufacturer that produces defective bikes or defective cycling equipment
liable for the damages victims suffer.
Our founding partners at Roman & Gaynor – Attorneys Mark Roman
and Morgan Gaynor – are both active cyclists who are passionate
about supporting our local cycling community and protecting the rights
of bicyclists who suffer injuries in preventable accidents. As both of
our Partners are Board Certified Civil Trial Law Specialists by The Florida
Bar who draw from nearly 50 years of combined experience, we know how
to effectively help victims of negligence secure the compensation they deserve.
According to the U.S. Consumer Product Safety Commission (CPSC), defective
products cause thousands of injuries and deaths each year. While these
injuries and fatalities may involve a range of unsafe products, they also
include bicycles and bicycle parts that were inherently unsafe. If you
believe a bicycle accident was caused by a defective product, our legal
team can help you explore your right to compensation and whether you may
have a valid claim. Here are some details about defective bicycle claims:
Product Liability – Product liability is an area of law requiring companies that make
consumer products to ensure these products are safe for their intended
use by the public. When consumers suffer injuries as a result of products
that were defectively designed, manufactured, or even marketed, victims
have the right to pursue financial compensation for their damages, which
can include their medical expenses, lost income, and physical and emotional
pain and suffering, among other damages.
Proving a Case – Proving a defective bicycle claim is hinged on establishing fault
and liability, specifically through negligence. When product manufacturers
design a bike or bicycle part in a way that makes it inherently unsafe,
despite being able to design a safer alternative, they fail in their legal
duty of taking reasonable steps to keep the public safe. Manufacturers
also breach their legal duty when they make negligent errors during the
manufacturing phase, such as poor workmanship, poor oversight and product
testing, and using poor quality materials. In some cases, manufacturers
can also be held accountable when marketing defects, such a failing to
properly warn consumers, lead to preventable harm.
Types of Bicycle Defects – Hundreds of bicycles and bicycle components are recalled every
year due to defects. Commonly, these include defects with frames, suspension
forks, and bike parts that can fail, break, and cause a loss of control.
They may also involve defects involving tires, brakes, and other essential
safety components of a bike.
Liable Parties – For consumers that own defective bicycles and suffer injuries
as a result of defects, the product manufacturer can be held liable for
damages. In some cases, consumers may also rent bicycles from public rent
a bike centers or from private businesses, such as companies that cater
to tourists. When these bikes have defects, or when they are improperly
maintained, injured victims may be able to hold the company from which
they rented the bike liable for their injuries and damages.
Product liability claims and cases involving unsafe bicycles can be challenging,
as they often involve large companies that use their resources to fight
claims and pay as little as possible. With our legal team at Roman &
Gaynor, you can level the playing field with powerful corporations and
ensure your voice is heard. Over the years, our attorneys have done just
that for numerous men, women, and families across Florida, and have recovered
millions of dollars in compensation on their behalves.
To discuss a potential case with our team,
contact us for a FREE consultation.