A Product Defect May be the Cause of Your Bicycle Injury

March 24, 2011

With 300 days of sunshine a year, it is no surprise that bicycling is a popular pastime in the State of Colorado. Whether for transportation or recreation, thousands of Coloradans take to the streets and trails all year long. Considering the sheer volume of cyclists in the state, some bike accidents will inevitably happen. Yet, many of those hurt while cycling fail to consider a possible cause of their injuries: bicycle defects.

Bike product recalls are a common occurrence. A bicycle design or manufacturing defect can cause severe injury to the rider. Unfortunately, some cyclists injured by a defect shrug it off to bad luck, or simply refrain from taking further action because they do not know where to turn. Cyclists put their lives in the trust of bicycle manufacturers, and only by holding companies responsible for their errors can injured riders truly ensure that others will not suffer a similar fate.

Bicycle Recalls

Perhaps the easiest way to know for sure that a bicycle or bicycle component suffers from a defect is if it is listed in a product recall. Like all consumer goods, bikes and bike components are subject to being recalled if a design flaw or manufacturing defect is discovered that can cause problems or danger for the user. When a flaw is discovered, the United States Consumer Product Safety Commission may issue a product recall. Although oftentimes manufacturers cooperate or voluntarily recall defective products, if necessary, the U.S. Consumer Product Safety Commission may force an involuntary recall.

Since 2005, the U.S. Consumer Product Safety Commission has issued over 25 bicycle product recalls. Many cover affected bicycle components as critical as brakes, frames, and handlebar stems. And, the recalls have not been limited to lower-end bicycles: in November, the Consumer Product Safety Commission announced a voluntary recall involving 2011 model year Giant Anthem X 29er 1, 2, and 3 model bicycles due to a fall hazard that could result in serious injury to riders. The bikes involved were sold at Giant Bicycle dealers in August 2010 for between $2,200 and $3,500. According to the Consumer Product Safety Commission, the frames on the recalled Giant bikes could crack at the junction of the seat post and top tube, potentially causing a devastating fall.

Another recall was issued for Seattle Bike Supply's Redline D640 Bicycles. The bikes pose a serious risk of injury to the rider because the head tubes can separate from the frame, causing the cyclist to lose control and fall. In a mountainous environment like Colorado, this defect could potentially cause severe injury or death to the cyclist.

Many Defects Occur Without Recalls

While a recall is a good indicator of a possible bicycle defect, the absence of a recall does not necessarily mean a defect was not to blame for an accident. In fact, most recalls occur because multiple consumers report injuries from the same defect in a product. In other cases, some problems affect so few products that they may never be fully reported or investigated.

Furthermore, while most bicycle manufacturers are concerned with their customers' safety and willingly comply with or even initiate recalls, others are not so benevolent. In 2004, the Consumer Product Safety Commission assessed bike-maker Dynacraft a $1.4 million fine for failing to report hazards it discovered with its bikes (over the last 25 years, Dynacraft alone has been responsible for at least 10 bicycle recalls).

When You Believe a Defect May be to Blame for your Bicycle Accident Injury

It is always a good idea to remain up-to-date on any recalls that may affect your bicycle, and to examine the condition of critical components before starting a ride. But many times defects are not readily apparent, and are not discovered until a bicyclist gets injured.

If you have been in a bicycle accident and suspect a defective product, you should carefully follow certain procedures:
- Get medical attention for any injuries; even road rash can cause infectious problems if the wounds are not properly cleaned and cared for.
- Do not have your bicycle repaired after an accident; repairs could destroy evidence of a defect.
- Secure the bicycle somewhere safe, and try to recover any pieces that may have fallen off.
- Contact a Denver personal injury attorney experienced in bicycle defect cases. In a bicycle defect case, a lawyer's past experience can make a big difference.

Bicycle falls can be very serious, resulting in anything from road rash to broken bones or even death. They can cause the victim to miss time from work, endure rehabilitation, or deal with life-long disabilities. If you or a loved one has been injured due to a possible defect, it is very important to contact an attorney.

An attorney can help you recover the monetary damages you deserve from the company that caused your injury. More importantly, an attorney will help you hold manufacturers responsible for their defective products, thus saving countless riders from having to endure similar misfortune in the future.

Article provided by Coppola & Marlin, P.C.
Visit us at www.coppolamarlin.com