Doesn't the plaintiff have to prove the brakes were defective? If so,how?
Eric Burton and The Animals... Great band.
After the accident young Eric Burton commented; "I met my first love at thirteen, She was brown and I was pretty green And I learned quite a lot when I was young.
When I was young Pain more painful Laughter much louder Yeah, when I was young
When I get a new bike for the grandkids it always get thoroughly checked out before they take off on it. Ususally something is loose or out of adjustment, and it only takes a second or two to fix.
"as he approached the Broadway Street intersection the brakes failed."
1) Probably poor journalist writing (big surprise), which should say "as he applied them, the brakes failed.
2) How do TWO sets of brakes fail at the same time?
3) I think an analysis of the bicycle will show that the kid failed to use the brakes correctly, if at all.
1/2 price should not equal 1/2 quality/safety, but, sometimes it does. Parents/buyers/lawyers beware.
I think there are several issues here that may comment more on "What's wrong with America" than simply pointing fingers at evil-doer attorneys and the "Mom and Pop retailer" killer, Wal-Mart. The problem is a combination of Wal-Mart and their suppliers, govenmental bodies giving concessions to Wal-Mart, our court system and attorneys.
Firstly, regarding the attorneys: professional attorneys are as hard to find as hens teeth. I'll use the all-encompassing term, professional, to cover meaning honest, trustworthy, public-serving, etc. That being said, there are so many unprofessional attorneys who cultivate filing frivilous lawsuits that everyone assumes most of these lawsuits are frivolous. I can't comment on the validity of this particular lawsuit because I don't know the details. This case could be either. I have testified as an expert in numerous bicycle-related lawsuits and have seen both.
Secondly, regarding Wal-Mart and Pacific Bicycle Company: These two companies are of similar ilk. They are large, sell cheap products and have hastened the demise of smaller competitors who sold or manufactured higher quality product. While I have no problem at all with the free market, Wal-Mart is not playing on a level playing field with smaller retailers. Wal-Mart recieves concessions, such as tax breaks and special deals on real estate, from most levels of government, and these concessions are not available to local retailers. Wal-Mart is only concerned about selling units and the bottom line. They have no commitment to the community whatsoever despite their ads. Wal-Mart does not care if they sell defective or dangerous merchandise as long as they sell enough to offset paying these pesky lawsuits. In this way, Wal-Mart contributes to the problem of frivolous lawsuits. Pacific Bicycle Company imports huge quantities of very chealy made bicycles that are essentially unfit for regular use. They are made to function for a few weeks or months after purchase and then rust away in a garage. What do you expect from a bike that retails for between $40 and $150? Pacific Bicyle imports these bicycles under favorable arrangements regarding tarrifs, knowing that they have commitments from Wal-Mart to purchase huge numbers of these disposable bicycles. They, likewise, are not concerned about lawsuits as long as there are enough units sold to offset the paying of lawsuits. Additionally, both of these companies fail to recall defective product, fail to notify customers of defective product and fail to stop selling the defective product after they have been notified of a problem. If paying off a certain amount in lawsuit settlements does not reach a certain level where it effects the bottom line, they will not rectify the problem on their own. From a case that I was testified as an expert, I have documentation of this involving Wal-Mart and another of their suppliers of cheaply-made bicycles.
Opportunist consumers see that they can easily collect a settlement from Wal-Mart and/or the supplier. Opportunist attorneys encourage these lawsuits. Our court system encourages the plethora of attorneys. Just look in your local phone book and see how many attorneys are listed in proportion to other professions. The number of attorneys has exploded and the number of locally owned specialty retailers has shrunk. In addition to having to compete to sell product, smaller retailers cannot survive more than a few of these lawsuits, unlike Wal-Mart who endures thousands of these suits. Consumers find it harder to locate quality products locally because Wal-Mart does not sell quality. At the risk of being called a Wal-Mart basher, I'll state that Wal-Mart has had a negative effect on the face of America. I hate shopping there because it is never a pleasant experience (and it could be if Wal-Mart made an effort) but I have to shop there because all of the places that I bought the merchadise are not here any more. It's a "trap".....perhaps reviewing the South Park "Wally-World" episode would be in order here.
Big question for me is, what kind of bike did the boy have? His age was what? Did he normally ride a Walmart kiddee bike with pedal brakes? I'm sure the brakes seemed broken to him when he panicked and spun the pedals backwards waiting for them to activate a brake that wasn't there. Was his sisters bike too big for him? Could his little hands even operate a hand brake? Need a bunch of information.
No doubt the bike had those idiotic hand brakes instead of the regular back-pedal brake.
Whoo-hoooooo! Our son is hurt! It's pay day!
Our ship has come in, I tells ya!
Oh bother...
Has anyone ever checked out how well floor models are are put together? Always check the workmanship of a product before letting YOUR child use it. Common sense!
Where's Ralph Nader when you need him?
How did Beavers Mom in Colarado find an article by Jeff Bobo in the Times News?
Greetings from Kingsport
$150.000.00 in Medical would hardly cover a bad broken leg and therapy. This is all about money.
As a bicyclist, I won't shed a tear if Pacific cycles goes belly up. The stuff they sell is crap. They even bought Schwinn, a formerlly great American bike and started badging ever more crap with the Schwinn name. It's not criminal, but it should be.