In New York and across the nation, people who use certain products are under the expectation that they will be manufactured properly and they will be safe. This is especially true when using a product that can cause a serious injury or death if there is an accident. For the newly popular e-bikes, it is imperative that they be crafted with the utmost care to ensure that a flaw or error does not cause it to malfunction and result in a person falling or there being a crash. In some instances, there was a problem with the product itself. In others, the user made the mistake and is seeking to blame the manufacturer. Companies have the right to lodge a strong defense against these claims.
Man blames company for e-bike accident, files suit
A 49-year-old man was test-riding an e-bike in Brooklyn when he crashed and suffered a head injury shortly after leaving the store. A lawsuit is being considered. His representative asserts there were issues with the e-bike’s construction. These bikes are considered state of the art in the industry. A short time after he went on his test ride, his partner was called to the scene where he had fallen and hit his head. He was taken to the hospital with a serious head injury and was put into a medically-induced coma with a brain injury, a fractured skull and hemorrhaging.
In the proposed lawsuit, the plaintiff claims that there was an issue with the e-bike as the rear fender was touching the back wheel. There were screws missing. There was a court order issued for the bike to be kept in the condition it was in after the accident. The attorney representing the man says that the fender had slid toward the wheel and was the catalyst for the accident.
Companies should lodge a strong defense against legal claims
Although any accident or incident causing injury is terrible, it does not automatically mean that the product was defective and a products liability claim is viable. With e-bikes, there is an inherent risk when riding. If there is an accident, it is possible that the bike was damaged in the crash and the damage was not pre-existing, nor the fault of the manufacturer. The product must be examined and tested to determine what happened. The evidence is key and it often shows that there was in fact nothing wrong with the item, but it was user error that caused the accident. Having legal advice from a firm that understands all aspects of products liability defense can provide guidance from the start to defend against lawsuit.