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 bicycle’s manufacturer may be liable under product liability laws.
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 inherent 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 won’t change, a defective brake tire or a bike that is designed/manufactured so poorly parts of the bike fall off while in use.
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 bicycle’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/labelling defect. The victim will have to demonstrate proof of the damages they suffered as a result of the defective bicycle. Filing a claim against a large corporation can be difficult, so consult an attorney.
You don’t have to file your claim on your own if you’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 bicycle 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.