Legally Screwed SPECIAL EDITION! It’s always a good idea to have some frozen peas handy. Check out Jeff tackling unusual legal topics in this week’s edition of LEGALLY SCREWED! Check back every week to explore the outer fringes of the law with Attorney Jeff Kaufman.
Question: So I bought a mountain bike from one of the big box stores and paid them to assemble it. When I got home and rode it through some tough terrain the seat came off and I seriously damaged my groin area and had to go to the emergency room. Options?
Answer: Give me a second to get that image out of my head and stop over-empathizing with your plight.
There are really two parties that might be responsible. The first is the company that made the bike. The second is the employer of the person who put the bike together. In other words, was the bike defective and/or was the bike improperly put together.
There is another possible issue and that is, were you using the bike in the way it was meant to be used or could have foreseen to be used. I think the name "mountain bike" assumes more than street use. It is also important to make sure there were no warning stickers or signs that made it clear not to use the bike in the way you did.
These cases are not as clear-cut as your average car accident, but with diligent legal help you might prevail. Here's to a quick recovery and frozen peas in the freezer.