Cycle and Bicycle design flaws that cause injury in California.Design flaws can be a nuisance to the cyclist stranded on a trial or road surface far from help. However, normally a design flaw that does not cause serious injury can be resolved by the user and the manufacturer or retailer quickly and without complication.
Unfortunately, a frequent cause of serious injury on bicycles and cycling is a flawed development and design of the bike frame, rim, pedal, crank, seat post or handlebar. Over the last 25 years, as a bicycle and cycle accident attorney, our experts and our office have examined such defects as improper design of the handlebar goose neck causing facture under normal use, improper wheel race bearing design, poor rim and hub design, defective frame design that fractured during normal use, and crank design flaws. All these design issues caused serious injury to the user of the cycle, justifying a claim.
Like a manufacturing defect, design defects in California are subject to strict liability laws and therefore the user only needs to prove a defect in design caused the injury during intended use. Unfortunately, to prove a design defect, you must save the parts that failed. Many design defects are not apparent when you look at the part, but a trained expert can immediately determine if the failure was due to a design flaw, the use of inferior materials or a combination of both.
If you've been injured, it's imperative that you take the following steps:
1. Save all of the materials so they can be examined by an expert in metallurgy and bicycle design expert.
2. Do not sign away any rights with the bicycle manufacturer or retailer, but report the incident immediately.
3. You're best served, if you have serious injuries, to contact a bicycle accident attorney. He or she will have the expertise to quickly document your claim and also know the experts to consult.
4. After you have documented the design flaw by through an expert, the cycle can be rebuilt or destroyed, but not until after examination.
Many potential clients call us too late and we are unable to prove a design defect, because the broken parts are no longer available for examination. Call us - consultation is free - at 1-866-981-5596. We have helped hundreds of cyclists just like you.