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