Bicycle Recall Attorneys in Boston
When you purchase a bicycle, you assume not only that the bicycle will get you to where you want to go, but that it is safe.
Sadly, that is not always the case. Bicycles can be defective or contain defective parts that cause head injuries, broken bones and other serious, permanent injuries. Thousands of bicycles and bicycle components are recalled every year.
If you or a family member has been seriously hurt by a defective bicycle, whether recalled or not, our bicycle injury attorneys can help. Our attorneys have the experience, knowledge and passion needed to win these cases. We are not just attorneys— we are also cyclists.What to Do If a Recalled or Defective Bicycle Has Caused You Injury
First, get medical attention. Do not take any chances with your health. Keep all of your medical bills and related documentation.
Next, you should do what you would if you were involved in any type of bicycle-related incident: take pictures of your injury, the defect that caused the crash and the accident scene. Do not forget to obtain contact information for any witnesses.
In a case involving a recalled or defective bicycle, it is also a good idea to:
- Collect all papers and other information that came with the bicycle. This includes warranties, instructions and warnings.
- Identify as much information about the bicycle as possible, including the name of the manufacturer and the model and serial number. You will need this to verify that your bicycle was part of a recall.
- Locate a copy of the receipt that includes the place and date of purchase.
- Hang onto the damaged bicycle and your banged up helmet and torn clothing. They are your best physical evidence of what happened. Do not let your LBS repair the bicycle until your attorney gives you the go-ahead.
- Contact a bicycle attorney as soon as possible to see if you have a viable claim.
A bicycle recall lawsuit, also known as a product liability lawsuit, seeks compensation for injury or wrongful death caused by a defective bicycle. A defective bicycle is one that is not reasonably safe for its intended use.
Some common bicycle parts that are prone to defects include:
- Face plates
Bicycles should not have any sharp edges or parts.
Electric bicycles, or E-bikes are prone to different defects. For example, an electrical glitch might cause them to accelerate or stop without warning.
If you have been injured because of a defective bicycle or bicycle part, you may be able to sue a number of parties, including the bicycle manufacturer, a part manufacturer and the bicycle shop or other retailer that sold you the bicycle. In addition, wholesalers, distributors, bicycle assemblers and other companies involved in the sale of the bicycle can be held liable.
Typically, product liability cases involve defects related to a bicycle's:
An injured bicyclist may be able to collect compensation for damages such as:
- Medical expenses
- Lost income
- Pain and suffering
A court may award punitive damages if the cyclist can show that the bicycle manufacturer acted intentionally or recklessly. Punitive damages are meant to punish a defendant for egregious conduct and deter the defendant from engaging in such conduct in the future.
In Massachusetts, there is a three-year statute of limitations to file a product liability claim.How Do I Know If My Bicycle Has Been Recalled?
Hundreds of products are recalled every year, so how do you know if a bicycle that you purchased or are thinking about purchasing has been recalled?
You can search for information on bicycle recalls and other product recalls on the U.S. Consumer Product Safety Commission's website. CPSC is a government agency tasked with shielding consumers from unreasonable risks of injury or death related to bicycles and other consumer products. Death, personal injuries and property damage connected to consumer product incidents reportedly cost the country more than $1 trillion each year.
Another website to check out is recalls.gov, a centralized location for U.S. government recalls from six federal agencies, including CPSC, National Highway Traffic Safety Administration, Food and Drug Administration and Environmental Protection Agency.
You can also find bicycle recalls and complaints at SaferProducts.gov and use the site to file your own complaint about a bicycle and many other types of consumer products.
Manufacturers, distributors and retailers have a legal obligation to report defective products to CPSC within 24 hours of obtaining “reportable information.” In the event of a recall, they will attempt to contact purchasers. If you purchased a bicycle secondhand or if your contact information has changed, you may miss out on the notification.
It is a good idea to routinely check if your bicycle, or any of its parts have been recalled. If you discover that it has been, stop using the product immediately. Check the bicycle manufacturer's website to verify that you own the bicycle that is being recalled. Oftentimes, only a certain production run is affected by a recall, so it is critical that you check the brand, model and serial number against the information provided by the manufacturer. The information should include details on whether you should get your bicycle fixed, exchange it for a new one or receive a refund.
It is important to note that bicycle helmets, child bicycle seats and other bicycle accessories can be defective and can also be subject to recall. Helmets can be recalled if they fail to comply with safety standards. These recalls should be taken seriously.Recent Bicycle and Bicycle Parts Recalls
In the past year or so, the CPSC has reported numerous recalls involving bicycles and bicycle parts. These recalls will give you an idea of some common defects that can lead to cyclists sustaining serious and permanent injuries.
Brompton Electric Folding Bicycles: A software glitch can cause the electric system to continue to provide assistance to the motor and propel the bicycle forward when the rider is not pedaling.
Masi Evoluzione and Gran Corsa Bicycles: The bicycle's fork steerer tube can break and cause the cyclist to lose control.
Ozone 500 Density Bicycles: The locking hardware on the front wheel can become loose, causing instability in the front wheel.
Cannondale Canvas NEO Bicycles: The front fender on these electric assist bicycles can detach and cause the front wheel to suddenly stop.
Santa Cruz and Juliana Bicycles: The aluminum frame parts may have sustained thermal damage during a paint stripping procedure and can bend or buckle.
Salsa Cutthroat Bicycles and Forks: The bicycle fork legs can crack or break.
Pedego Electric Bicycles: A defective cable can cause the E-bike to suddenly accelerate.
Sirrus Bicycles with Alloy Cranks: The crank arm has the potential to disengage and cause the rider to lose control.
Front Rack for Cannondale Treadwell Bicycles: The front racks can detach and cause the bicycle's front wheel to stop.
Woom Bikes USA: The bicycle's front fork can loosen and detach.
Trek Super Commuter+ 8S: The front fender can fall onto the front wheel and cause the bicycle to stop.
Don not forget to search CPSC's website or another trusted source for specific information on the recalls, including the affected model numbers and where and when the bicycles were sold.
To learn more about how our bicycle recall lawyers can help you with an injury caused by a defective product or any other reason, contact an experienced bicycle lawyer The Law Offices of Jeffrey S. Glassman, LLC today at (617) 777-7777 or through our online form.