Wal-Mart, bicycle builder named in $900,000 lawsuit

Kingsport Times-News ^ | January 16, 2006 | JEFF BOBO

[EBH]

What you posted is unrelated to the brakes working or not. Although to the benefit of the manufacture it demonstrates that they do practice due care when a flaw is found.

One, the plaintiff needs to demonstrate there was indeed a manufacturing flaw in the brakes. Like the forks.

Second, the defendant needs to show there was no basic manufacturing flaw. As far as poor assembly the article is unclear how long the bike had been riden until the brake failure, plus the bike was for a girl and was the rider overweight being he was the older brother, what was his activities on the bike prior to the accident, and was the bike being used in the manner it was designed for? When was the last time a safety check was completed on the bike based on the wear & tear on the bike? Who is responsible for the safety check once the bike leaves the store? Was the bike stored and transported in such a manner as to compromise the initial assembly by the store?

[End Times Sentinel]

Eric Burton was riding his sister's new bike

HAHAHA!!!  Riding a girl bike.  What a fag, gets what he deserves.

Owl_Eagle

(If what I just wrote makes you sad or angry,

 it was probably sarcasm)

[mlc9852]

Sounds like you're guessing.

[conservativehusker]

I heard on Glenn Beck that 3 percent of the American Population believes a lawsuit is the best way to save for retirement....here is probably one of them.....

I can't figure how BOTH sets would fail..if they had just worked prior to this intersection..and my kids bikes have both types of brakes..reverse and hand brakes...

[leadpenny]

Could be, had the brakes worked, the kid would have used them.

[Ninian Dryhope]

"Why are you blaming lawyers for the brakes failing?"

Because, unlike you, I didn't just fall off the turnip truck and I know a lawyer's lie when I see one.

The brakes did not fail. The kid did not use them. The lawyer is lying through is teeth in order to make $200,000, for which money he would gladly not only lie, but sell his mother.

[mlc9852]

And that's the purpose of discovery. I'm sure all these questions will be answered before the case is settled.

[Ninian Dryhope]

Sounds like you are a lawyer.

[Nathan Zachary]

Aside from Wal-Mart, the other defendants in the lawsuit include Pacific Cycle, Inc., based in Wilmington, Del., as well as its parent company Dorel Juvenile Group, Inc., which is to be served with the lawsuit in Columbus, Ind."

So, because it was sold at Walmart, it's automatically made in China??

What kind of parent doesn't inspect a bicycle before they stick their kid on it? ESPECIALLY if it's assembled at a store where the average employee isn't smart enough the change a light bulb, never mind assemble anything.

One has to ask if the kid's parent had given the kid proper bicycle safety lessons as well, and had the kid wearing proper safety equipment, and the bicycle inspected at a proper bicycle shop.

Nope- it's "sue someone else for my irresponsibility". poor kid, but I hope they loose.

[mlc9852]

Yeah - I think the parents purposely messed with the brakes so their child would be injured and get them their retirement money.

[mlc9852]

Nope

[halfright]

Operator error!!!!

The first thing you do BEFORE riding ANYTHING is to look over the vehicle and insure it is in safe operating condition BEFORE it is ridden. Oblivions abound!

[rednek]

As an avid bicyclist, I ride 6k+ miles a year on the road and a few more off road on a mountain bike. You wouldn't believe the Walmart bikes that I see with wheels that are so out of true that wont hardly roll or have collapsed and look like a taco wrapped around the front forks. It is absolutely amazing the "crap" that rolls out the front door of Walmart and is called a bicycle.

When I see someone on a Walmart bike that is not assembled properly, I advise them of a local bike shop that can put it together correctly for $50. The usual response is "I only paid $79 for the bike". You get what you paid for!!! I paid more for my helmet than these morons paid for the whole bike!!!!

Out of curiosity I went to my local Walmart last summer to see who was assembling the bikes. My local store had 2 Mexican kids that spoke little Engish assembling bikes on a contract basis for $6 per bike! Nuff said!!!!

regards - red

[Ninian Dryhope]

"Could be, had the brakes worked, the kid would have used them."

Could be that an alien came out of a spaceship and kept the brakes from working.

Back in the real world, bike brakes, front and back, do not go from working fine to suddenly failing, s you would know, if you had ever ridden a bike.

[mlc9852]

So if you're driving your car and the brakes fail, it's operator error? I would think if you hit the gas instead of the brakes, that would be operator error.

[leadpenny]

"I'm sure all these questions will be answered before the case is settled."

No way! They're going to be settled here and now. ;)

[DustyMoment]

and sold the bicycle in an unsafe condition

How do you sell a bicycle in an unsafe condition? Were the lights off?

Another nagging question, why is it Wal-Mart's fault IF the bicycle was unsafe? Doesn't the purchaser have an obligation to determine if the product is safe or not, as well?

I also agree with a previous poster's comment that the first time the brakes were used was at this intersection. I also don't buy this logic.

Where is Neal Boortz's "Loser Pays" system of lawsuit reform when you need it?

[mlc9852]

Yeah, let's have a poll!

[beaversmom]

My brother worked for a contract company at K-Mart assembling products including bicycles. He made very little money because his pay was based on how much you put together. He put the products together carefully so his pay was always low. He had to quit.

[Budge]

When you buy a bike from Walmart, like it or not, you get what you paid for. You get something put together by someone who is paid nothing for any expertise that person may or may not have on a take it or leave it basis. Thanks to republicans and democrats alike, in many communities, a Walmart may be the only opportunity available to some people after the local bicycle shops closed due to pricing competition.

You know this for a fact? You can prove that the person putting the bicycle together is an underpaid 'know-nothing?'

Please do, but I want real proof, not just the echo of a disgruntled Wal-Mart hater.

Please, show us the proof!