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.
How much time? How about eight years. And I do know where the assembly area is.
We have a vastly different concept of what "upscale" means then.
Which doesn't invalidate my point that "small bike shops" are NOT in direct competition with WalMart (and Sears, Penny's, Target, etc.), and thus are not being "driven out of business" by "evil Walmart's price competition".
Good post Havoc, what does one expect from an 18 yr old being paid minimum wage to build crappy bicycles? I bought my latest bike from a local bike shop and they wouldn't ship it direct to my house.
The shop owner and the manufacturer had a contractual clause that the bike shop must assemble the bike to manufacturer's specs. and check it out prior to delivery. They then had to ensure that I knew how to work the controls, etc.
It's like you said, you get what you pay for. Sorry about the kid getting hurt, but the responsibility falls squarely on the shoulders of the parents in this instance.
Failure to use good judgement is not the store or manufacturers fault.
Take a bike assembled at a Walmart to a real bike shop and you will get your proof.
Ah, road bikes. Steel mountain bike frames won't typically wear out like older road bike frames will for a simple reason: They're overbuilt for endurance whereas road bikes were built with weight savings in mind. Of course they still have a lifespan, as all metal does, but a steel mountain bike frame will outlive a couple of generations of riders.
They're being driven out only in that public is no longer aware of the difference between the products. You wouldn't believe the number of people who show up on technical trails with mountain-looking bikes from Wal-Mart or Target thinking they have a quality full-suspension bike. After all, Schwinn's a great brand right?
Which is why I get so fustrated with the broad brush painting that all Wal-Mart assemblers, associates, managers, checkers, whatever, is a complete, underpaid idiot. It just ain't that way everywhere.
Uh, so tell me exactly what it is you want politicians to do. Make WalMart raise their prices? Institute price controls so that the mom and pops can't raise their prices past a certain point? Just what socialist action do you want government to take?
Twenty years ago, my brother had a bike, that the fork didn't shatter. I bent up, locking the tire to the top of the fork. I cannot put into words what it looked like, but just to say, the front wheel could not move.
Wondering what he would do, he picked himself off the ground and rode a wheelie all the way home.
Your brother sounds very innovative!
Doesn't matter who's assembling them, they're still crap. I can expertly assemble a Wal-Mart bike, but it's still a POS.
Innovation: God's gift to rednecks as a substitute for money
LOL - so true!
Now THAT I can believe---LOL.
The same is the case in our store and like you ,I get tired of the same old BS of underpaid know nothings,idiots or otherwise unemployable,as many of the Walmart Haters like to call us Walmart employees.
True, I won't argue that they're all incompetent. But one has to look at the source and question or verify the mechanical aptitude of those putting these things together.
You're buying a dept. store bike, it's not like there are experts in every dept. When you buy from a LBS, they're supposed to be experts. I could see someone holding an expert accountable if they were the one responsible for assembling the bike.
The same could be said for the big box home improvement stores. I don't trust half those folks as far as I could possibly throw them.
Cheers,
SZ
No where in my post did I say I hate Wal Mart. I don't like what they do to their stores after the "Grand Opening", cluttered aisles, pallets of merchandise acting like store displays, dirty parking lots, solicitors outside the store, etc. It's a free country and one can choose to shop where one chooses.
I choose to buy my bikes from a known, reputable source. A local bike shop, where I know that the bike will be assembled by pros. At a Wal Mart, you don't have the luxury of knowing who put it together unless you work there or know someone who knows.
Assumptions can be dangerous as this case may point out. The parents assumed the bike was safe. They didn't check it, it's their fault IMO. As a parent, you are responsible for your childs behavior and actions. I would be very surprised if Pacific Bicycles is held accountable. They ship bikes that are essentially "assembled" with some minor assembly required.
The manuals still state that is important to verify that safety equipment is in good working order prior to riding the bike. For that matter all bike manuals probably state that, I know my $2K mountain bike purchased from my LBS does.
But one has to look at the source and question or verify the mechanical aptitude of those putting these things together.
You're buying a dept. store bike, it's not like there are experts in every dept. When you buy from a LBS, they're supposed to be experts. I could see someone holding an expert accountable if they were the one responsible for assembling the bike.
The same could be said for the big box home improvement stores. I don't trust half those folks as far as I could possibly throw them.
Cheers,
SZ
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