Posted on 01/16/2006 3:27:57 AM PST by beaversmom
ROGERSVILLE - The mother of a Rogersville boy who was injured in an accident last year on a new bicycle has filed a $900,000 lawsuit against the bike manufacturer and Wal-Mart, where the bike was purchased.
Elizabeth Burton, 625 S. Armstrong St., Rogersville, is the mother of Eric Burton, who was injured in an accident on Jan. 9, 2005. The boy's sister had received the Roadmaster Mountain Sport bicycle as a Christmas present from their father.
According to the lawsuit filed on behalf of the Burtons by Morristown attorney Gary E. Brewer, on Jan. 9 of last year Eric Burton was riding his sister's new bike on South Armstrong Street, but as he approached the Broadway Street intersection the brakes failed.
The bike didn't stop and continued onto Broadway Street into the path of an oncoming vehicle which had the right of way, the lawsuit alleges. The lawsuit further contends that as a result of the accident Eric Burton was severely injured, was hospitalized and will undergo continuing medical treatment.
Aside from Wal-Mart, the other defendants in the lawsuit include Pacific Cycle, Inc., based in Wilmington, Del., as well as its parent company Dorel Juvenile Group, Inc., which is to be served with the lawsuit in Columbus, Ind.
The lawsuit alleges that Pacific Cycle manufactured the bicycle in a defective condition, making it unsafe. The lawsuit also alleges that Wal-Mart assembled the bicycle.
"The defendant (Wal-Mart) assembled and sold the bicycle in an unsafe condition and design when they knew or should have known by the exercise of ordinary care that the bicycle would be subject to failure," the lawsuit alleges.
The lawsuit seeks $750,000 for injuries and damages and another $150,000 for medical expenses. The defendants have 30 days from the Jan. 6 filing date of the lawsuit to either file a response or seek a time extension.
I'm about your same age, and although I came from a large family and we couldn't afford Schwinn's as children, we used to beg the handful of wealthier kids in the neighborhood if we could ride their Schwinn bikes, which at the time was headquartered in Chicago, where we grew up.
What a shame, another great U.S. based company with manufacturing concerns here, now gone overseas, to a Communist country to manufacture it's goods. Now that's what broke my heart!
Just the response I was expecting......from a divorce lawyer. LOL
I'm not a lawyer but I won't take it as an insult. LOL
see 85. That's how it happened to me -- We lived in the middle of a big hill, (driveway was also uphill) busy street, the idea was to come down the hill as fast as you could, then try to coast to the top of the driveway without using the brakes. (Not handbrakes either, this was back in the 60's - the old fashioned - push the pedals backwards kind)
I agree...my son put bikes togethre for Walmart after 10 hours training...
Ask your son if he ever put brakes together. Until the late 90s, the brakes were pre-assembled, as are most parts. Assemblers at retail outlets generally put the handle bars, wheels, and other odds and ends together. They don't usually true the wheels, which are trued by machines at the factory. That doesn't mean they are actually trued, though. Machines tend to make mistakes, too.
I've seen serious injuries from bicycle defects such as bad forks, weak frames, and faulty brakes. When you buy something, you expect it to be fit to be used for what it is advertised for, whether it's a $90 bike or a $900 bike.
Do we know for sure that the brakes failed or did kid not know where they were on the bike. I would honestly believe that the chances of both front and rear brakes failing at the same time to be pretty small.
I don't know about you, but I've had to work on every bike I've ever come to own before I rode it. With new bikes, the brakes are pretty much always too tight, resulting in a nice toss over the handle bars. It doesn't hurt to check. If the kid had, he would have caught the problem. This kid's a moron, and his mother too.
I remember, back when I was 12, I recieved a Raleigh English bike for Christmas. I had been riding an old hand-me-down American bike for years.
Well, I cracked my you know what's a couple of times before it sank in to my thick head that you squeezed those levers on the handle bars, and did not step back hard on the pedals, to apply the brakes. ;)
You have one of the better models.
Depends on how old they are. At about 14-16...you gotta start paying attention - or you get hurt. I rode (and still ride) a bike for 40 years now. I have injured myself numerous times....some rather painfully. MOST of the time I was injured, it was my fault - and I deserved it for doing something stupid. Pain is how the universe teaches lessons. Sometimes it is deserved. I do not know if that was the case here..... but it sure seems that way.
I rode (and still ride) a bike for 40 years now.
You have a good bike. I still have an old bike I bought for my kids in the seventies. I gave the others away. Bikes aren't made like they used to be.
I couldn't put a bike together if my life depended on it so I can't comment on mechanical issues and will defer to your opinion.
I just wonder how old the child was and if the bike had been ridden prior to this accident.
I just wonder how old the child was and if the bike had been ridden prior to this accident.
It doesn't matter. Mountain bikes are supposed to be able to sustain hard riding. I've put many bikes together and have adjusted brakes. An investigation can show whether or not the brakes have been tampered with or if it was a company default. It's possible the bike should have been rejected going down the assembly line.
As far as the large amount sued for, it depends on the injuries. Some insurance companies won't pay if another insurance company is at fault. The story needs to entail more information.
I would think before actually filing suit, the attorneys would have known the condition of the brakes and I would also think the defense attorneys will have their own "expert" examine the bike.
I would think before actually filing suit, the attorneys would have known the condition of the brakes and I would also think the defense attorneys will have their own "expert" examine the bike.
So would I. I'm generally against lawsuits, especially frivolous ones. I've worked in the bicycle industry for nearly 25 years and I know that defects happen and lawsuits abound.
1. I asked them!
2. I asked them!
3. I asked them!
4. Read the papers Bub! Walmart is in major trouble over their practice of hiring illegals as contract labor to do eveything from janitor work in the stores to assembling bikes.
So are you a Walmart manager or just another poor sucker that has bought into the Walmart dream?
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