"the brakes failed."
Why are you blaming lawyers for the brakes failing?
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!
The brakes failed because the kid probably did not put them on. He probasbly did what most kids do and I did most of the time when comming to an intersection, take a quick look and run it.
the thing is that once the bike is hit by a car, it's going to be a mess. they will get an "expert" that will analyze the bike and offer his opinion that even though the bike is crushed, he can tell they didn't operate the right way.
All this will do is drive the cost of the bikes up at Walmart, get money to the lawyer, and encourage every shyster that can get hold of a bike wreck to sue the bike companies and the Walmarts...
this will essentialy do the opposite of what libs hope... this will kill the mom and pop bike shop and the evil Walmarts will be the only ones with the corporate deep pockets to sell bikes profitably.
The kid probably doesn't want to get in trouble (if he's conscious and can remember the accident) and will say , "yeah, I was squeezing the brake as I went into the intersection but they didn't work" not bothering to look before entering an intersection.... the driver of the car who either doesn't have liability insurance or deep pockets will divert blame by saying , "yeah, it was so scary. I saw this kid squeezing the brakes and his bike didn't stop so I hit him."
Lawyers suck almost as bad as Democratic politicians.....but the difference is like comparing two turds in a toilet... one brown, the other brown with corn kernels stuck in it...they're both turds.