Bicycle accidents are often caused by defective design and defective manufacturing. Recently, Trek bicycle components have come under criticism for breaking.
Now, Trek is recalling approximately 27,000 bicycles because of faulty seat clamp bolts on affected seat posts. The bolt can break, which poses an obvious potential for harm. Four injuries have been reported due to the issue.
The bikes affected are 2012 model year.
Trek 7.2 FX, 7.3 FX, 7.4 FX, and 7.5 FX, as well as District and 9th District WSD, Livestrong and Disc models.
Consumers should check the SKU number stamped on the bottom bracket. If the last two numbers are “12” you may have an affected bike and should contact a local Trek dealer immediately.
When people are injured due to a defective product, they can bring a Products Liability lawsuit.
Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain).
Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based.
In any jurisdiction one must prove that the product is defective. There are three types of product defects that incur liability in manufacturers and suppliers:
manufacturing defects, and
defects in marketing.
Design defects are inherent; they exist before the product is manufactured. While the item might serve its purpose well, it can be unreasonably dangerous to use due to a design flaw.
Manufacturing defects occur during the construction or production of the item. Only a few out of many products of the same type are flawed in this case.
Defects in marketing deal with improper instructions and failures to warn consumers of latent dangers in the product.
Products Liability is generally considered a strict liability offense, which means that the Plaintiff does not have to prove that the Defendant exercised reasonable care, or knew of the dangerous product. In sum, a defendant is liable when it is shown that the product is defective. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.
Mark Kaire has been practicing law in Miami for nearly 30 years. He is dedicated to helping the injured people of Miami receive compensation. Mr. Kaire has been blogging on Miami’s legal issues for many years.