Can Defective Bike Equipment Cause Liability?

Having dependable equipment is important when riding a bicycle. If you were injured due to a snapped chain, handbrake failure, or other defective part, you may be able to pursue a bike accident claim. Serious injuries can lead to extensive medical bills, lost wages, and pain and suffering. If you have been in a bike accident due to defective equipment, you may be unsure of how to recover compensation, which is where our South Carolina bike accident attorneys can be of assistance.

Faulty Chains

A chain that is weak or missing can make riding dangerous. It could potentially lead to the rider losing control of the bike, leading to a traumatic brain injury, spinal cord injury, or broken bones.

Defective Tires

A defective tire or tire tube (doughnut-shaped rubber tube that holds a tire’s shape) could lead to a blowout, causing you to crash. While you may expect an older tire to have wear and tear, a tire that is made out of poor-quality material could be grounds for a lawsuit.

Frames

If the bike frame is damaged from being welded together improperly or if it is bent, you will be more likely to get into an accident. A bent or cracked frame can cause wheel misalignment. This can lead to vibrations, the bike pulling to one side, and instability at high speeds.

Carbon Forks

A carbon fork connects the front wheel to the bike frame. A carbon fork helps in steering and shock absorption, but one small crack can result in serious injuries.

Faulty Brakes

Worn-out brake pads, a rusty or misaligned caliper, or corroded cables can cause bike handbrakes to fail. Faulty brakes can lead to an inability to navigate curves and to slow down when traversing rough terrain. In dense traffic, faulty brakes can cause catastrophic injuries and even fatal consequences.

Who is Liable in a Bike Accident Claim?

Depending on the circumstances of your accident, a claim could be brought against the distributor, manufacturer, designer, marketer, or retailer. Under South Carolina Code, you must file a bike accident claim within three years of the date of injury. However, in the case of a minor, the three-year time will not begin until the minor turns 18 years of age.

Most bike accident claims concerning defective or malfunctioning equipment are product liability lawsuits. South Carolina recognizes three types of product defects: design defects, manufacturing defects, and failure to warn (marketing defects). In most cases, the plaintiff will not need to prove that the liable party was negligent, but rather that the defect caused them harm. For example, if you were injured due to faulty welding of a bike frame (manufacturing defect), you would need to prove that:

• The defect exists
• The defect made the bike hazardous to ride
• You used the bike for its intended purpose
• The defect was the legal cause of your harm
• You sustained compensable losses (lost wages, medical bills, and pain and suffering)

State law permits recovery if you used a product, unaware of the harm it posed. However, according to SC Code §15-73-20, if you are made aware of a defect and choose to use the product anyway and are injured due to the defect, you will be barred from recovery. If you are concerned about your legal rights, you should discuss your matter with our legal team.

Reach Out to Our South Carolina Bike Accident Attorneys Now

A bicycle accident can damage more than your physical health, crushing your spirit and threatening your financial security. If you have been harmed due to a bicycle defect, do not hesitate to contact our South Carolina bike accident lawyers. At Kinon Law Firm, our team of legal professionals is committed to doing whatever it takes to get you maximum compensation. To arrange your free case assessment, reach out to our offic online or by calling (843) 488-9191.