If I fall, I sue...

[AndreZA]

In a ruling that could set a worrying precedent for British cycle importers, an <?: PREFIX = ST1 />East Sussex bike importer has been found liable for an accident which left a mountain bike rider with serious head injuries. 

Alan Ide, formerly a self-employed accountant and now aged 49, crashed while riding his 1999 model Marin Rift Zone down a hill in the South Downs in 2002. He was found unconscious next to his bike from which the left handlebar had been sheared. He subsequently sued ATB Sales of St Leonards-on-Sea under the UKON>?s Consumer Protection Act which renders importers liable for any defective goods they sell. 

The action was brought on the grounds that the company sold a bike with handlebars that were defective as a result of faulty manufacturing and that suffered a catastrophic failure while Mr Ide was riding under normal conditions.  

Mr Ide lost his sense of taste and smell and suffers from impaired memory and concentration as a result of the accident. 

ATB Sales, however, had claimed the damage to the bars could have occurred as a result of the impact as the rider lost control and crashed. 

At the original trial in July 2007 a judge found in favour of Mr Ide, after which ATB Sales appealed on the basis that the judge was not entitled to conclude that Mr Ide had proven his case, simply on the basis that the alternative scenario of the bar breaking upon impact had been rejected. 

In his ruling Lord Justice Thomas disagreed and said that the orginal judge, Mr Justice Gray, ?did not use any impermissible train of reasoning? in reaching his conclusion. 

The ruling clears the way for Mr Ide to claim substantial damages.

taken from http://www.bikeradar.com/news/article/mountain-bike-crash-court-case-importer-loses-appeal-16063

 

 

[bob_the_builder]

 

Mr Ide lost his sense of taste and smell and suffers from impaired memory and concentration as a result of the accident.

 

Yeah right! He was gesuip

 

[Tumbleweed]

it's like the lawsuit that all but closed down the mtb mecca of big bear. read about it in the second-last issue of "bike"

[Guest Big H]

Mr Ide lost his sense of taste and smell and suffers from impaired memory and concentration as a result of the accident.

Yeah right! He was gesuip

 

Is that not a standard and typical iengliesh trait??????

 

[widget]

On a serious note.............

 

In the USA if a shop sells you a bike they have to show you how to remove and replace a wheel, then you have to demonstate to the salesman that you understand and can effect the removal and replacement of both wheels, and you have to sign on the invoice that you have been shown how a wheel skewer works and the implication of not closing it properly.

 

You also have to sign that you have inspected the bike, and are satisfied its safe to ride before they will let you out of the shop. 

 

Personally, I dont have a problem with this, too many shops here will just grab your credit card, hand over the bike and wave you goodbye. There needs to be more accountability in retail in SA if we hope to improve service.

 

Just as an aside, some years ago I did a scuba course in the Florida Keys, after every lecture I had to sign that I fully understood the lecture, I had no questions, the lecture covered all the requirements of the course and I was fully aware of the dangers and implications of scuba diving.

Then before every training dive, I had to sign an indemnity and after every dive I had to sign that I was safely back on the boat, I had no physical problems, my equipment had not malfunctioned and I had understood the requirements of the dive and I had no further questions.

 

Over the top,.............. to us here maybe,......... because we just fly by the seat of our pants, but in the USA litigation is so rife, that your chances of getting sued are pretty good if your paperwork isnt up to scratch.....................But, this legal implication is one of the prime reasons customer service is so good - something we here tend to forget. 

 

 

 

 

[Canaris]

I think that consumer education is important.  I think it is fair to insist on some of these basic control measures.  We call it CYA.

[Alida]

Mr Ide lost his sense of taste and smell and suffers from impaired memory and concentration as a result of the accident.

Yeah right! He was gesuip

 

Is that not a standard and typical iengliesh trait??????

 

 

Stir jy al weer?

[Guest Big H]

Mr Ide lost his sense of taste and smell and suffers from impaired memory and concentration as a result of the accident.

Yeah right! He was gesuip

 

Is that not a standard and typical iengliesh trait??????

 

 

Stir jy al weer?

 

Wie ekke.... stir is soos die.......

 

Mr Ide lost his sense of taste and smell and suffers from impaired memory and concentration , that your Honour is a typical trait of iengliehmens and as well they are "gesuip" most of the time!!!!!!!!!

[Canaris]

BigH after much consideration, can I accept that your findings are based on scientfic research?

[The Saint]

Makes sense....the onus is on the manufacturer to ensure that the goods they sell are free from defect. Much like buying a new car which has no breaks.....same principle applies. Why should it be different when it comes to a bicycle?

[Guest Big H]

BigH after much consideration' date=' can I accept that your findings are based on scientfic research?[/quote']

 

Yup...... I used wikipedea ..... your normal reference media. I alo ussed our extended library on site.

[Canaris]

BigH after much consideration' date=' can I accept that your findings are based on scientfic research?[/quote']

 

Yup...... I used wikipedea ..... your normal reference media. I alo ussed our extended library on site.

 

I am so glad you are at last coming into contact with reality, even in a misdirected perverted manner.

[slowgo]

[Joe Low]

Mr Ide lost his sense of taste and smell and suffers from impaired memory and concentration as a result of the accident.

 

Is that not a standard and typical iengliesh trait??????

 

 

 

 

I'm sure I ought to complain but I can't remember what about and where did I put my pen & I wonder what's for dinner...what was I saying?

 

Btw it's not that we don't have the senses of smell and taste, it's just our food lacks these things, so they're a bit out of practice.

 

 

Joe Low2008-05-19 07:06:26

[Slowbee]

On a serious note.............

 

In the USA if a shop sells you a bike they have to show you how to remove and replace a wheel' date=' then you have to demonstate to the salesman that you understand and can effect the removal and replacement of both wheels, and you have to sign on the invoice that you have been shown how a wheel skewer works and the implication of not closing it properly.

 

You also have to sign that you have inspected the bike, and are satisfied its safe to ride before they will let you out of the shop. 

 

Personally, I dont have a problem with this, too many shops here will just grab your credit card, hand over the bike and wave you goodbye. There needs to be more accountability in retail in SA if we hope to improve service.

 

Just as an aside, some years ago I did a scuba course in the Florida Keys, after every lecture I had to sign that I fully understood the lecture, I had no questions, the lecture covered all the requirements of the course and I was fully aware of the dangers and implications of scuba diving.

Then before every training dive, I had to sign an indemnity and after every dive I had to sign that I was safely back on the boat, I had no physical problems, my equipment had not malfunctioned and I had understood the requirements of the dive and I had no further questions.

 

Over the top,.............. to us here maybe,......... because we just fly by the seat of our pants, but in the USA litigation is so rife, that your chances of getting sued are pretty good if your paperwork isnt up to scratch.....................But, this legal implication is one of the prime reasons customer service is so good - something we here tend to forget. 

 

  

[/quote']

 

all bike shops should do this, get people to sign something !!

 

on my way home last week, had to help a couple on a brand new tandem, with a broken chain. The salesperson had not shown them how to use a chainbreaker that he sold them. He also did not show them how to use ultegra shifters (feathering). Oh yes the chain broke at the quicklink, took 1 minute to fix for them. They had been stuck for over an hour and called the bike shop owner to come and help them. He arrived as I left.

 

Made me loose faith in my LBS, and just confirmed that I need to find a LBS further away than my LBS.

 

 

 

[Guest Big H]

On a serious note............. 

 

  

 

all bike shops should do this' date=' get people to sign something !!

 

on my way home last week, had to help a couple on a brand new tandem, with a broken chain. The salesperson had not shown them how to use a chainbreaker that he sold them. He also did not show them how to use ultegra shifters (feathering). Oh yes the chain broke at the quicklink, took 1 minute to fix for them. They had been stuck for over an hour and called the bike shop owner to come and help them. He arrived as I left.

 

Made me loose faith in my LBS, and just confirmed that I need to find a LBS further away than my LBS.  

 

[/quote']

 

Learn to become your on LBS...... buy from www.chainreactioncycling.com

and fix and work on your own bike...... does not take a rocket scietist to do that you know?????