With the recent relaxation in COVID – 19 restrictions more and more of the public are out cycling. Cycling has many benefits but unfortunately, many accidents occur due to defective bikes. Bikes are often sold and supplied to customers in an unsafe state. This can happen due to manufacturing defects, faulty hire bikes or as a result of poor bike assembly in stores.
Moloney Solicitors has seen an increase in compensation claims being taken by cyclists who have been injured as a result of cycling defective bikes.
Defective Products Act 1991
In Ireland cyclist who is injured as a result of a defective bike can sue the supplier and/or manufacturer of a bike for negligence, breach of duty and breach of contract. Under this legislation producer of a defective bike will be liable for any injuries or losses caused by its use.
The liability not only covers the injured person who purchased the bike but also any other person who may come to harm when using the bike. To succeed in a claim under the Liability for Defective Products Act an injured person must show that the bike was defective at the point the producer supplied it.
What should I do if I have an accident involving a defective bike?
Immediately take photos of the faulty part of the bike, any damage cycle gear and of your injuries. It would also be important to take photographs of the area where the accident occurred to defeat any argument that the road surface caused the accident itself.
Retain proof of the bike purchase
- if you are the owner of the bike you should ensure you keep the documents proving ownership.
- If you bought the bike online, you may have received an order confirmation by email.
- If you have paid by debit or credit card the transaction should be recorded on your bank statements.
- Do not return the bike to the supplier before having the bike inspected by an expert … if you think your accident was caused because the bike was defective in some way under no circumstances should you return it to the supplier without first of all having it independently assessed. Your supplier may offer you a full refund or an alternative bike but if you later have to take a legal claim against them for damages they may fail to retain the bike for later inspection and crucial evidence will then be lost.
How will my Solicitor win my defective bike case?
We are product liability experts and regularly bring such negligence claims before the Courts. We would allege that the defendants were guilty of negligence, breach of duty and contract in that they
- Supplied a bike that was dangerous and unsafe to use
- The supplier failed to carry out appropriate testing and risk assessments with regard to the defective bike
- The supplier failed to warn the bike owner of the danger that existed for them when using the bike
- Permitted a dangerous product to be sold produced or marketed in a dangerous and unsafe condition
- Exposed the bike owner to a risk of injury of which they knew or ought to have known because of the defective nature of the bike itself
If you have been injured as a result of a defective bike and wish to get legal advice about your legal rights to pursue a claim for compensation please simply download the attached instruction sheet
https://moloneysolicitors.ie/wp-content/uploads/2018/04/Personal-Injury-Instruction-Sheet.pdf
or email our office at info@moloneysolicitors.ie and we will immediately contact you to help you with your case.
