Fox Sued for negligence

[GoLefty!!]

http://www.bikeradar.com/mtb/news/article/russell-pinder-accuses-suspension-fork-firm-of-negligence-19107

[Tumbleweed]

"The lawyer said the position of the disc brake mount on the rear of the fork had also contributed, as, had it been on the other side of the fork, the forces generated would not have led to the wheel being ejected. He showed a packed court diagrams and wooden models of parts of the bike to explain how the accident may have happened."

 

 

 

not an engineer. nor a lawyer. but isn't this where the majority of brake bosses are?

[Hog_]

Okay, I get that the brake is at the back of the fork, so when you brake it will create downwards force in the wheel. BUT, don't forks normally have a little recessed bit where the QR thingy sits? Also - how badly did this dude tighten the QR. It will take a LOT of force to push the thing out. Also - the dude wasn't paying attention to his bike! The first thing that goes weird when your wheel isn't seated properly is the brakes. With all the braking he did, surely he would have felt something wrong?

 

 

 

[Tumbleweed]

"lawyer tags"?

[porky]

It should be an interesting case, unfortunately its in the UK, where, like SA, personal pain and suffering have little value as far as the courts are concerned.

 

I feel if the case were tried in the USA, he would have a good chance of succeeding and possibly a substantial compensation.

 

If the wheel popped out as he suggests, and he is now confined to a wheelchair, then he has a good reason to feel somewhat aggrieved and seek compensation, I know I would do likewise.!

   

[Hog_]

I think it's more likely for the wheel to pop out if the bearing locks up.

 

 

 

[TheLegend]

I wonder how he'll proof that i.e. he tightened his quick release hard enough. Or how the opposite can be proven?

Has anyone ever heard of an incidence like this occuring? After the allogations the dude makes it sound like something that should happen often. If he's right.

 

[Tumbleweed]

It should be an interesting case' date=' unfortunately its in the UK, where, like SA, personal pain and suffering have little value as far as the courts are concerned.

 

?

 

I feel if the case were tried in the USA, he would have a good chance of succeeding and possibly a?substantial compensation.

 

?

 

If the wheel popped out as he suggests, and he is now confined to a wheelchair,?then he has a good reason to feel somewhat aggrieved and seek compensation, I know I would do likewise.!

 

   

[/quote']

 

sure. design defect causes injury. sue. succeed. i agree. wheel pops pops out because of (most common) placement of disc brake?

[turtlek]

the onl;y way the wheel could pop out is if he didnt tighten the QR skewer in the correct place for example on that recessed bit on the fork then because the QR was on the wrong place it had either one of two ways to go and unfortunately it didnt click into place it went the other way as in out

 

 

 

also if my QR comes lose it feels as if my whole bike has a speed wobble and i can hear a knocking sound due to the axle going up and down in the dropout

 

 

 

fair enough he is now paralised and it is not nice at all to be in that situation but how many other cases of this type of incident have happened anywhere else in the world?????????

[mountain_lion]

 

http://www.ne.jp/asahi/julesandjames/home/disk_and_quick_release/

 

https://www.bikehub.co.za/forum_posts.asp?TID=26651

[Hog_]

How many riders, even only on this forum, have disc brakes in front? How many of them have had a wheel pop out under braking?

 

I have a piece of crap suntour on my bike. I had a piece of crap suntour on my bike before that. I don't like over-tightening my QR. I've never had a problem. I think it's unlikely that the fork was the cause of the problem.

 

 

 

[porky]

   

sure. design defect causes injury. sue. succeed. i agree. wheel pops pops out because of (most common) placement of disc brake?

 

Not quite sure what you mean HR?

 

I just guess he needs a "position" to argue from, but if you think about it, I guess its possible, the downward force of the disc brake under heavy and constant braking coupled with the " upward return" of the shock could quite possibly allow the wheel to pop out.?

 

I dont know, but its interesting.!

 

I think a similar case to this was also tried many years ago with SCHWINN in the USA, SCHWINN lost the case if my memory is good, because they had not put in the hand book a clause which stated the QR had to be tightened sufficiently to "cause an indentation the palm of your hand on closing" or something similar. Sure, it was a technicality and would probably only succeed in the USA, but unless somebody tests the case, who will know? 

 

Fox could very possibly find themselves wanting on a technicality here as well ?

 

 

 

 

porky2008-10-30 14:13:55

[masood]

I would think that the inertia would have pushed the bike forward while the wheel was being held by the brake causing the wheel to "eject".

 

I read the article and a few others on this, and it seems as if the guy knew what he was doing.

[GoLefty!!]

I was around in the UK when this incident happened. It attracted a lot of attention back then with similar debate.

The facts here are that it is highly unlikely for the wheel to be ejected if;

 

1. The QR is correctly closed and the tie rod tensioned.

2. The lawyers tabs were present.

 

Either way it has neverbeen something I ever been worried about wit Disc brakes since a Lefty is a 20mm bolt thru system so the wheel is securely fastened and unlikely to fall off.

 

It is this very case that sparked the development of QR15.

[Tumbleweed]

   

sure. design defect causes injury. sue. succeed. i agree. wheel pops pops out because of (most common) placement of disc brake?

 

Not quite sure what you mean HR?

 

I just guess he needs a "position" to argue from' date=' but if you think about it, I guess its possible, the downward force of the disc brake under heavy and constant braking coupled with the " upward return" of the shock could quite possibly allow the wheel to pop out.?

 

I dont know, but its interesting.!

 

I think a similar case to this was also tried many years ago with SCHWINN in the USA, SCHWINN lost the case if my memory is good, because they had not put in the hand book a clause which stated the QR had to be tightened sufficiently to "cause an indentation the palm of your hand on closing" or something similar. Sure, it was a technicality and would probably only succeed in the USA, but unless somebody tests the case, who will know? 

 

Fox could very possibly find themselves wanting on a technicality here as well ?

 

[/quote']

what i mean is: i don't get how someone would sue on the grounds of the placement of the disc brake, which is pretty much the same on most bikes, and which seems to be the jist of the claim.

 

i can't find it on the net, but i remember reading about the story you refer to. it was mentioned in a recent edition of bike mag. that's the reason you get those little tags on skewers on bikes now, "lawyer tags" some people call them. 

 

i can't sure

[Rockid]

I have been waiting for Johan Bornman to join this thread.  Some time ago he advocated removing the useless lawyers lips from forks on Supercycling.

 

He advocated this because it stops quick releases releasing quickly.  After removing a few sets of lips in the household I started reading on the net on this subject directly after doing the deed.  I had my regrets after reading about the described problem.  We were mostly on v-brakes at the time.   I would not remove the lips from forks used with disk brakes and personally I would not promote its removal on national TV.