Wal-Mart, bicycle builder named in $900,000 lawsuit

Kingsport Times-News ^ | January 16, 2006 | JEFF BOBO

[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.

[leadpenny]

Imus is off today. You're filling a big void for me. Thanks for the grins.

[stopem]

Maybe the parents should have trained the kid on how to ride a bike, I agree, I hope the whole thing gets thrown out of court.

[grania]

A parent didn't take the time to ensure that the bicycle was in proper operational condition so it's someone else's fault the kid got hurt... right. I had a mountain bike gifted to me this season and the first thing I did was check the brakes and the shifting for proper function. When you buy a bike from Walmart, like it or not, you get what you paid for.

Agreed that lawsuits against bad parenting are probably a real negative for civilization. I'm wondering if the kid had ever been out on the bike with an adult who taught proper braking and vigilence in the location described.

About WalMart bikes. Every few years, I buy a mud bike there and replace it. (It's actually cheaper that way then buying new tires and getting a second bike tuned) Anyway, the WalMart I go to is actually careful. In each incidence, after constructing the bike, we went made sure brakes, steering, seat setting, pedals, etc were fine, and it was a "good ride" for me. Of course, even if that is company policy, there is no way to know all stores follow it.

I would think a child that age out riding alone is the parent's responsibility, even if the brakes were imperfect (and we don't even know that).

[stopem]

"End result: WalMart stops selling bikes.

Or maybe they should add a disclaimer to all their products "Walmart is not responsible for any injuries to stupid people" LOL....

[LRS]

I've got a possible solution:

Every time some one buys something from Wal Mart, or any other store, the store has the right to come into your home unannounced to check to see if the product is being used properly. Afterall, if the store is going to be held responsible for items after they are bought, then why should they be unfairly limited in their responsibilities?

Ridiculous? Of course. But so are these lawsuits.

[goldstategop]

Idiots. People should buy a bike from a reputable bike shop, not from Wal-mart. You pay for what you get and a one size fits all bike cheaply made and improperly assembled, is unsafe. But I don't think this is worth a million dollar lawsuit.

(Denny Crane: "I Don't Want To Socialize With A Pinko Liberal Democrat Commie. Say What You Like About Republicans. We Stick To Our Convictions. Even When We Know We're Dead Wrong.")

[dmw]

It would seem to me that a good parent will want to make sure the brakes work before they let their child ride it. Now, had the parents done that they would have noticed the brakes not working prior to the kid riding the bike and finding out the brakes failed. Do you think there would be a lawsuit if the parents had checked the brakes first. I seriously doubt it. If Walmart is smart they will counter sue the parents for negligence. And while they're at it, maybe they should call DHS too!

[Melinda in TN]

I've had several Wal-Mart bikes but I always check the bolts, brakes, etc. before riding. We bought the granddaughter a mountain bike from there this year and it's working fine but we keep it checked. We don't ride in traffic and don't get to ride a lot. I can't afford a $1000 bike from a bike shop so the Wal-Mart brand has to do. I don't trust anything that is pre-assembled though. If it is, I check everything on it. Maybe someday I'll be rich enough to have another Schwinn.

[Wonder Warthog]

"Thanks to republicans and democrats alike, in many communities, a Walmart may be the only opportunity available to some people after the local bicycle shops closed due to pricing competition."

Yeah, SUUURRREEEE they did. Bike shops serve a completely different (upscale) market than Wal-Mart. They have faced exactly the same "price competition" from Sears, JCPenny and numerous other "el-cheapo bike" retailers.

[beaversmom]

ping

[luvbach1]

Doesn't the plaintiff have to prove the brakes were defective? If so,how?

[GeorgefromGeorgia]

I am an avid cyclist. I have an 18 speed bike that I ride many miles per week. I rode in the Bike Ride Across Georgia last year (396 miles in 7 days). I would like to make these points:
1) How old was the boy? Children are not held to the same level of care in a court of law on the issue of contributory negligence.
2) The bike was purchased for his sister. The bike may have been purchased for her size and may have been too big or too small for the boy, making is harder for him to control the bike.
3) When you purchase a bike in a bike shop, the seat is adjusted to fit the person along with the size of the bike. The rider is instructed in how to use the braking system, which is generally a rear and forward brake on each wheel. Riders are generally warned not to use the front wheel brake first. Also, brakes are always checked prior to leaving the shop.
4) Most bikes come with an instruction book and explain safety instructions.
5) What was the terrain like at the place of the accident? Was the boy going downhill. Even a kid on an inexpensive bike can get up to 40MPH on some hills in North Georgia.
6) The boy should have tested the braking system prior to that particular incident. Most riders would need to use the brakes at some point if there were any hills, stops or sharp curves.

There is a lot we don't know, so I will reserve judgment. However, if the brakes failed after the boy was familiar with the bike and had tested the brakes earlier, and the failure was mechanical (defective), the family may have a case.

[john drake]

Don't bother..I think Schwinns have been made in China for a long time now, and I don't believe the quality is anything like it used to be...although my info. may be moldy. I still have my Black 10-speed Continental, made in the U.S.A., back in 1981 (ah, the Reagan years). It still runs like a sewing machine and looks great, too!

[goldstategop]

Exactly. A good bike should fit one's height and weight like a hand to a glove. And dealer quality bikes will come in different sizes and they will be expertly assembled and tested by shop mechanics for fit, safety and comfort. I have a 55 cm Lemond Zurich. Its a great road bike and new models tend to command a premium price. But if you like to ride the road, its quality build and light weight make riding fun, unlike the experience one encounters with a mass department store "gaspipe" built bike. Ditto for other kinds of bikes, like mountain, cyclocross, singlespeed, folder, BMX and children's bikes.

(Denny Crane: "I Don't Want To Socialize With A Pinko Liberal Democrat Commie. Say What You Like About Republicans. We Stick To Our Convictions. Even When We Know We're Dead Wrong.")

[halfright]

yep, if you don't know the condition of your vehicle, its your fault. When is the last time brakes failed on your car? I happen to know that I have 12,000 miles of wear on my 4 wheel disc brake vehicle. I normally get 25 to 30K on a set of brakes because I don't use them all that often. I employ the gear box to slow the car in most situations as I leave sufficient following distance to keep from laying on the brakes. It is the drivers responsibility to insure the vehicle is in condition to drive on our roads.

[metesky]

Eric Burton and The Animals... Great band.

[Wolfie]

There is a huge difference in the quality of the bikes, parts and the service you receive.

And the price. Amercians want cheap crap, Amercians buy cheap crap, Amercians get cheap crap.

[mlc9852]

I'm glad to hear you're safety-conscious. My point was brakes failing is not operator error.

[AmericaUnited]

a Walmart may be the only opportunity available to some people after the local bicycle shops closed due to pricing competition.

Oh please! I was walking by the bikes in Walmart the other day and noticed some decent looking mountain bikes for $75. I don't want to pay $400 for the same bicycle from some little bike shop just to make sure the brakes get adjusted properly. In your communist scheme, people would would have to pay 2-3 times as much for everything just so a small handful of business owners could make out. SORRY! The marketplace, i.e. consumers, have voted otherwise.

[The_Media_never_lie]

If the Chinese manufacturer cannot be held liable, they should not be doing business in the US.