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My bicycle frame broke while I was riding at the New Jersey shore. Do I have a case?

A: The answer depends on a few important factors, such as what actually caused the bike frame to break and the nature and extent of damages. Under the law, a plaintiff in a products liability action must prove that:

1. the product was defective,
2. the defect caused the accident, and
3. damages.

There are three kinds of product liability defects: design defect, manufacturing defect, and failure to warn. In this situation, a bike frame breaking while being ridden is most likely due to a design defect or a manufacturing defect. The difference between the two lies in when the defect occurred – when it was designed (design defect) or when the bike was actually made (manufacturing defect).

In any products liability case, it is very important that the product be preserved, so that it can be tested by an appropriate expert. In this scenario, it would be very difficult, if not impossible to proceed without having the bike tested by an expert who could establish the nature of the defect.

In addition, because products liability cases are costly, there must be damages sufficient to warrant moving forward. Expert fees can easily exceed $10,000 and that does not include trial testimony costs. Even if a bike is defective and causes an accident, but there are no damages or injuries, there would be no case.

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If you’d like to have your case reviewed by our New Jersey lawyers, call 215.925.4451. Our lawyers are available for a free, no obligation legal consultation.

The lawyers at Schwartz & Blackman handle product liability cases in the New Jersey and Pennsylvania area:

  • NJ: Atlantic County, Burlington County, Camden County, Gloucester County, Mercer County, Middlesex County, Monmouth County, Camden, Cherry Hill, New Jersey shore cities
  • PA: Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County, Allentown, Lehigh Valley, Norristown, Philadelphia

*This website does not provide legal advice. Every case is unique and it is important to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.

Published: June 14, 2012



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