Eric Burton was riding his sister's new bike
HAHAHA!!! Riding a girl bike. What a fag, gets what he deserves.
(If what I just wrote makes you sad or angry,
it was probably sarcasm)
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.
What you posted is unrelated to the brakes working or not. Although to the benefit of the manufacture it demonstrates that they do practice due care when a flaw is found.
One, the plaintiff needs to demonstrate there was indeed a manufacturing flaw in the brakes. Like the forks.
Second, the defendant needs to show there was no basic manufacturing flaw. As far as poor assembly the article is unclear how long the bike had been riden until the brake failure, plus the bike was for a girl and was the rider overweight being he was the older brother, what was his activities on the bike prior to the accident, and was the bike being used in the manner it was designed for? When was the last time a safety check was completed on the bike based on the wear & tear on the bike? Who is responsible for the safety check once the bike leaves the store? Was the bike stored and transported in such a manner as to compromise the initial assembly by the store?
Eric Burton was riding his sister's new bike
HAHAHA!!! Riding a girl bike. What a fag, gets what he deserves.
(If what I just wrote makes you sad or angry,
Sounds like you're guessing.
Could be, had the brakes worked, the kid would have used them.
And that's the purpose of discovery. I'm sure all these questions will be answered before the case is settled.
So, because it was sold at Walmart, it's automatically made in China??
What kind of parent doesn't inspect a bicycle before they stick their kid on it? ESPECIALLY if it's assembled at a store where the average employee isn't smart enough the change a light bulb, never mind assemble anything.
One has to ask if the kid's parent had given the kid proper bicycle safety lessons as well, and had the kid wearing proper safety equipment, and the bicycle inspected at a proper bicycle shop.
Nope- it's "sue someone else for my irresponsibility". poor kid, but I hope they loose.
Nope
Operator error!!!!
The first thing you do BEFORE riding ANYTHING is to look over the vehicle and insure it is in safe operating condition BEFORE it is ridden. Oblivions abound!
When I see someone on a Walmart bike that is not assembled properly, I advise them of a local bike shop that can put it together correctly for $50. The usual response is "I only paid $79 for the bike". You get what you paid for!!! I paid more for my helmet than these morons paid for the whole bike!!!!
Out of curiosity I went to my local Walmart last summer to see who was assembling the bikes. My local store had 2 Mexican kids that spoke little Engish assembling bikes on a contract basis for $6 per bike! Nuff said!!!!
regards - red
So if you're driving your car and the brakes fail, it's operator error? I would think if you hit the gas instead of the brakes, that would be operator error.
"I'm sure all these questions will be answered before the case is settled."
No way! They're going to be settled here and now. ;)
Yeah, let's have a poll!
My brother worked for a contract company at K-Mart assembling products including bicycles. He made very little money because his pay was based on how much you put together. He put the products together carefully so his pay was always low. He had to quit.
You know this for a fact? You can prove that the person putting the bicycle together is an underpaid 'know-nothing?'
Please do, but I want real proof, not just the echo of a disgruntled Wal-Mart hater.
Please, show us the proof!
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