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1 posted on 01/16/2006 3:27:58 AM PST by beaversmom
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To: beaversmom

so the first time the brakes were alledgedly used was at the intersection? i dont buy it. at 900K, this is interesting, almost not enough for wal mart to bother with, maybe just offer 300K and good riddance? why isnt the chinese manufacturer being sued also? surely, its made in chicom land.


2 posted on 01/16/2006 3:31:53 AM PST by son of caesar (son of caesar)
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To: beaversmom

Another reason the practice of tort law should be prohibited. Lawyers keep getting richer redistributing wealth across America. It's never MY fault that I got hurt. It's always somebody else's fault.


3 posted on 01/16/2006 3:32:44 AM PST by NoControllingLegalAuthority
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To: beaversmom

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. You get something put together by someone who is paid nothing for any expertise that person may or may not have on a take it or leave it basis. 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. Nothing quite like killing local expertise via cheapness. IMHO, the parent acted in a manner that prescribed the outcome - nothing more. The lawsuit should be thrown out.


4 posted on 01/16/2006 3:37:22 AM PST by Havoc (President George and King George.. coincidence?)
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To: beaversmom
Yawn


$150 grand for medical expenses?

What did he do, get a sprained wrist?





5 posted on 01/16/2006 3:39:14 AM PST by G.Mason (Did the illegal worker in that burger place, spit on it before, or after he pick it up off the floor)
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To: beaversmom
Brakes on a bike? wimps. In the days when I rode, my bikes rarely had brakes...if the did I rarely used them and that's in the hills of Pittsburgh. The hot back then was to wear gloves with pads on the palms, reach over the handle bar and slow the bike by rubbing the pad on the tire.

I'm terribly sorry if someone got hurt, however I put a lot of the blame on people forgetting how to do things that we all knew how to do decades ago.

prisoner6

6 posted on 01/16/2006 3:39:41 AM PST by prisoner6 (Right Wing Nuts hold the country together as the loose screws of the left fall out)
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To: beaversmom

Sounds to me like the kid wasn't paying attention to where he was going (happens all the time) and rode out in front of the vehicle. If the bicycle was mashed up pretty good in the accident, then no one will ever be sure if the brakes really failed or not. A shake down attempt, no doubt...


9 posted on 01/16/2006 3:44:55 AM PST by Virginia Ridgerunner ("Si vis pacem para bellum")
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To: beaversmom

How can you tell the brakes were applied at that time?


10 posted on 01/16/2006 3:45:31 AM PST by bmwcyle (As the left takes to the streets the too many lazy Freeper sleep)
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To: beaversmom

Don't know if there are more recent recalls for Roadmasters or not.

Mongoose, MGX and Roadmaster Bikes

WASHINGTON, Feb. 23, 2001 -- By Us International Co. Ltd., of Taiwan, is recalling about 40,000 Ballistic front suspension forks installed on certain mountain bicycles. The forks on these bicycles can break apart, causing riders to lose control and fall.

By Us previously announced the recall of 13,500 of these forks in May 2000. The firm has since disclosed that more of these forks are included in the recall.

Bike Forks There have been 26 reports of forks on these bicycles breaking resulting in nine riders, including teenagers, suffering serious head and bodily injuries, abrasions, bruises and chipped teeth.

The recall is being conducted in cooperation with the U.S. Consumer Product Safety Commission (CPSC).

The recalled forks were installed on Mongoose S-20 and MGX S-20 bicycles, which are orange, and the Roadmaster Ridge Rider bicycles, which is red. The forks on these bikes are black with decals that read "BALLISTIC" and "105" on the sides of the suspension fork legs.

Discount department stores, including Wal-Mart, and toy stores sold the bicycles with these forks nationwide from June 1998 through June 2000 for between $125 and $150.

Consumers should immediately stop using these bicycles and call the firm to determine if the fork on their bike is part of the recall. Consumers should have the serial number of the forks available. The serial number is located on the inside of the suspension fork leg. Consumers with recalled forks will receive a free replacement fork and free installation. For more information, call (877) 211-3525 toll-free between 8 a.m. and 5 p.m. CT Monday through Friday, or visit their web site at www.mongoose.com.


11 posted on 01/16/2006 3:49:12 AM PST by mlc9852
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To: All

Wal-Mart is not a good place to buy a bike. They are junk, and they generally don't have an experienced bike builder assembling them.

When it is time for you or your child to get a bike, go to a professional bicycle shop. There is a huge difference in the quality of the bikes, parts and the service you receive.


12 posted on 01/16/2006 3:56:16 AM PST by Reform4Bush
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To: beaversmom
If the kid had used the brakes, they would have worked. Lawyers are such scum.
13 posted on 01/16/2006 4:01:50 AM PST by Ninian Dryhope ("Bush lied, people dyed. Their fingers." The inestimable Mark Steyn)
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To: beaversmom
I bought a bicycle from a sporting goods store a few years back. Before they would let me take it home, I had to sign and initial my name perhaps twenty times in a small booklet describing all of the safety precautions and checks required to operate the bike safely. I wonder if Walmart does this too?
15 posted on 01/16/2006 4:02:19 AM PST by MRadtke (NOT the baseball player)
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To: beaversmom

I guess Walmart won't be assembling bicycles anymore. That's bad news to us parents and grandparents. After my attempts back in the early 1980's, I'd gladly pay the $20-$40 usually charged by the store to pick it up ASSEMBLED.


16 posted on 01/16/2006 4:03:39 AM PST by moonman
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To: beaversmom

I don't understand a parent who buys their child a toy and tells them to go play in traffic.


19 posted on 01/16/2006 4:07:09 AM PST by HuntsvilleTxVeteran (“Don't approach a Bull from the front, a Horse from the back, or a Fool from any side.”)
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To: beaversmom

Eric Burton was riding his sister's new bike

HAHAHA!!!  Riding a girl bike.  What a fag, gets what he deserves.

Owl_Eagle

(If what I just wrote makes you sad or angry,

 it was probably sarcasm)

22 posted on 01/16/2006 4:09:12 AM PST by End Times Sentinel (In Memory of my Dear Friend Henry Lee II)
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To: beaversmom
I heard on Glenn Beck that 3 percent of the American Population believes a lawsuit is the best way to save for retirement....here is probably one of them.....

I can't figure how BOTH sets would fail..if they had just worked prior to this intersection..and my kids bikes have both types of brakes..reverse and hand brakes...
24 posted on 01/16/2006 4:10:35 AM PST by conservativehusker (GO BIG RED!!!!)
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To: beaversmom
and sold the bicycle in an unsafe condition

How do you sell a bicycle in an unsafe condition? Were the lights off?

Another nagging question, why is it Wal-Mart's fault IF the bicycle was unsafe? Doesn't the purchaser have an obligation to determine if the product is safe or not, as well?

I also agree with a previous poster's comment that the first time the brakes were used was at this intersection. I also don't buy this logic.

Where is Neal Boortz's "Loser Pays" system of lawsuit reform when you need it?
37 posted on 01/16/2006 4:18:39 AM PST by DustyMoment (FloriDUH - proud inventors of pregnant/hanging chads and judicide!!)
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To: beaversmom
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.
45 posted on 01/16/2006 4:23:53 AM PST by LRS
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To: beaversmom
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.")

46 posted on 01/16/2006 4:24:06 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: beaversmom; All

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!


47 posted on 01/16/2006 4:26:32 AM PST by dmw
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To: onef

ping


50 posted on 01/16/2006 4:29:56 AM PST by beaversmom
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