|
|
|
|
We paid a store $25 to assemble our child’s bike. We believe our child’s bike accident was caused by faulty assembly. Can we sue the store? What do we need to prove our claim?
The answer depends on a number of things as there are multiple issues and potential liabilities here. First, there is the area of product liability as well as personal injury. Among other things, have an attorney check your warranties on the bike as well as any paperwork by the person who serviced and inspected the bike.
When the store extended the offer to assemble your child’s bike for a fee, it also took on the duty to assemble the bike correctly and safely. If it is clear that your child’s accident was caused by a defective bike, the assembler will share in the product liability case. You will need to show that, as mentioned, the cause of the accident was an unreasonably dangerous bike, that the bike was being used as it was supposed to be used, and that you had not substantially modified the bike. If you can show these things, you have the makings of a product liability case.
However, in addition to bringing an action against the store as the seller and assembler of the bike, you will also want to include the manufacturer in case the cause of the accident was an actual faulty design of the bike.
If the accident your child suffered was serious, there is also an issue referred to as “deep pockets.” This means that whoever has the greater ability to pay on such an accident will likely be the best target. And whether that is fair or not, it’s often easy to convince a jury that it’s appropriate. An attorney would likely take aim at several different potential defendants. When there are several others that may have liability, you file a claim under the liability insurance of each party. It is not necessary for you to figure how which insurer will cough up first and how much they pay. The insurance companies will decide the pecking order. |
Free Case Evaluation From An Experienced Personal Injury Attorney.
|
|
|
|
|
|
|
|
|
Free
Injury Case Evaluation |
|
Reviewed by an Experienced Attorney |
|
|
|
|
|
|
|
|
|
State Law Center
|
Legal Resource Directory
|
Legal Articles
|
Insurance Advice and Quotes
|
FreeAdvice Answers
|
Community Forums
