QUESTION

Do I have a case if I broke my leg by trying out a used bicycle?

Asked on May 30th, 2013 on Personal Injury - Michigan
More details to this question:
On May 24, 2013, I went to a thrift store to try out a used bicycle. I must say it had a bit of rust on it. I asked to try it out at their parking lot. I did ride a bike for a fer minutes. Just as I was about to turn it, it jammed and I fell. The guy saw me fall, and wanted to help me up. I told him: 'I think I broke my foot/ankle. He went in the store and I remeber laying there on the floor for some time. The guy came back and I asked him to get my bag from my car so I can make calls. He came with a chair and watched me make calls to my pastor and friend asking them to take me to the hospital. The manager appeared only when my friend appeared. After 15 minutes. I was taken to emergency. A week later, I am told I need surgery. I called the store and the manager just said: Are you sure you can ride a bike'?
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9 ANSWERS

Ronald A. Steinberg
No. Used merchandise is sold "as is."
Answered on Jun 04th, 2013 at 2:59 AM

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James Eugene Hasser
For the store to be liable, you'd need to be able to prove the store knew or should have known there was something wrong with the bike and it doesn't sound like you can do that.
Answered on Jun 04th, 2013 at 2:59 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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I doubt it. Do you know how to ride a bike. A bike "jammed" what does that mean? If you contribute in any small way to your own injury you cannot recover in NC. How do you blame the store for your injury?
Answered on Jun 03rd, 2013 at 10:21 PM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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Michigan law requires that you prove negligence on the part of someone that you sue for negligence. The mere happening of an occurrence/injury does not give rise to liability. If you can prove that there was something dangerous/defective about the bicycle, and that the store either created the defect and/or had a policy of inspecting/repairing used bikes and offered them for sale as refurbished/in operating condition, then you may have a case. Generally you would need to have the bike examined by someone who regularly repairs/services bikes who could advise as to whether there was something wrong with the bike. You would then use their inspection/testimony to prove any theory of negligence. I am not sure if a reseller of used bikes is liable in warranty, and it would be advisable to consult a local Michigan lawyer and see if they can do some research into such a possible claim. Certainly if the shop indicated they had inspected/repaired the bike and were offering it as a working bike and/or offering a warranty, then they would have liability if you can establish that there was a defect in the bike (which, again, usually will require you to have an expert examine/test the bike). I suppose it is possible that your testimony alone could establish a defect and/or breach of warranty of fitness, but I wouldn't count on getting a settlement or winning a case on that basis alone.
Answered on Jun 03rd, 2013 at 9:45 PM

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Thomas Edward Gates
It could go either way. You knew the bike was used and had rust on it. Hence, you should have been on notice of a possible malfunction.
Answered on May 31st, 2013 at 11:59 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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There could be a case of liability, but it's a little weak: yes, they should have checked it out to make sure it was in good working order, but would a reasonable inspection have revealed whatever problem it was that caused it to jam? You knew it was a used bike and that it's condition was questionable, but you elected to test-ride it anyway. Would you have been able to detect the problem some other way? If so, why didn't you? If not, then how would you expect the store to find it? Find a lawyer in your area who is willing to take on challenging cases.
Answered on May 31st, 2013 at 11:19 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Maybe, but was there a defect in the bike? If not, it would be operator error. You need somebody to go back and take pictures of the bike, maybe even buy it, to see if there is a defect. If not, I don't think you have much of a case.
Answered on May 31st, 2013 at 11:18 AM

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You probably have a good case. Send a demand letter to the owner of the thrift store and get the contact information of its insurance company. Make a claim with the insurance company and demand that the owner forward your letter. You need to keep track of all of your medical expenses and lost wages. Don't settle until you know the extent of your injuries. I recommend that you contact a personal injury attorney.
Answered on May 31st, 2013 at 11:17 AM

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John Hone
If the bike was defective, and you can prove it.
Answered on May 31st, 2013 at 11:17 AM

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