When a product like a defective bicycle causes an injury to a consumer, the consumer may have a cause of action against the manufacturer if they can prove the injury would not have been sustained but for the product. Therefore, when a person is injured in a bicycle accident caused by a malfunctioning part, the bicycleâ€™s manufacturer may be liable under product liability laws.
Types of Product Liability Lawsuits for BicyclesÂ
There are three primary types of product liability lawsuits: lawsuits based on defective design, defective manufacturing or a labeling/warning error. A defective design means the bike has an inherit flaw in its design that makes it dangerous for the user. A defect in manufacturing means the design of the bike is safe, but something along the manufacturing process happened to make it unsafe. A labeling/warning error means the manufacturer failed to provide adequate information regarding the safety of the bike.
Some types of defects in a bicycle that could lead to an accident may include defective bicycle brakes, gears on a bike that wonâ€™t change, a defective brake tire or a bike that is designed/manufactured so poorly parts of the bike fall off while is use.
Time Limit for Filing a Lawsuit for a Defective Bicycle
When a defective bicycle does lead to an accident, the accident victim only has a certain amount of time in which they can file a claim for damages against the bicycleâ€™s manufacturer. This is known as a statute of limitations. In Texas, the statute of limitations is two years, according to Texas Civil Practice and Remedies Code Section 16.003.
A lawsuit based on a product liability claim must establish, as mentioned above, the bicycle accident would not have occurred had the bicycle not had a design/manufacturing/labeling defect. The victim will have to demonstrate proof of the damages they suffered as a result of the defective bicycle. Filing a claim againstÂ a large corporation can be difficult, so consult an attorney.
What can a defective bicycle attorney do for me?Â
You donâ€™t have to file your claim on your own if youâ€™ve been involved in a bicycle accident. Seek the legal counsel of the attorneys at the Law Office of Julie Johnson, PLLC. We can help you prove the bicycleâ€™s manufacturer should be liable for your injuries. Schedule your first meeting with us today for free by using our contact form or calling (214) 290-8001.