$1 million awarded to MB rider/ fender failure

Discussion in 'Laws, Legislation & Emissions' started by oologah, Jul 7, 2010.

  1. oologah

    oologah Banned

    Owasso, Oklahoman Grady Wicklund awarded $1 MIL.
    I learned this after going to a bike shop in Claremore, OK today. I asked the owner if they would build me a rear wheel when she told me that they wouldn't touch anything that would go on a MB. Then she told me of this lawsuit. I don't blame her at all.
    Took my fenders off, well the one that didn't come off an wack me in the back. We all know the vibration will cause thin metal to fracture and fail. I think this is a black eye for responsible riders who maintain their bikes. That's my opinion for what it's worth.
     

  2. srdavo

    srdavo Active Member

    http://www.tulsaworld.com/news/arti...icleid=20100624_11_0_Afeder518855&archive=yes

    Read more from this Tulsa World article at http://www.tulsaworld.com/news/arti...icleid=20100624_11_0_Afeder518855&archive=yes
     
    Last edited by a moderator: Dec 18, 2015
  3. give me vtec

    give me vtec Active Member

    im sorry... I have to agree with the company (defendant).

    The motor (and subsequent vibrations) was an "unforeseeable misuse and modification" that they could not have seen coming or avoided if they wanted to. The damage caused to the average wal-mart bike by these 2 strokes is much more comprehensive than just the fender and the manufacturer has no way of knowing. I have seen these motors destroy good quality cro-molly mountain bikes.... the wal-mart bikes stand no chance in the long run and I cant for life of me see why people keep motorizing them.

    Would he have gotten 1.1 mil if the spokes had broke???

    This is going to cause a backlash in the mb world... one more nail in our coffin.

    In the future... please dont sue somebody else for your own negligence. Every time somebody sues over one of these things it becomes that much harder to acquire/ride one of them. The fenders are the first to go when I build a bike I will ride regularly... its just common sense, please practice the same.
     
  4. safe

    safe Active Member

    People often mock my stiff resolve to want to build electric bicycles so that they obey the Federal Ebike Law. If any person attempts to build an electric bicycle and it does not fit into the Federal Ebike Law (a safety based law) then they run the risk of million dollar lawsuits.

    You would be making a huge mistake to ever think of building an ebike product without the protection of the Federal Ebike Law.

    Some things are just not smart to do...

    These poor folks apparently did their best to build a product and then after they sell it they still get slammed with a million dollar lawsuit. For most small businesses a million dollar loss represents an end to their business and possibly years of effort down the drain.

    Businesses are under fire these days... no wonder few are being started.

    (there needs to be reform of the legal system to stop this sort of thing)
     
    Last edited: Jul 7, 2010
  5. give me vtec

    give me vtec Active Member

    absolutely correct... the other side of lawsuits most people fail to consider. W/out product liability insurance its a certain death sentence as most small business doesnt have a spare $1mil in retained earnings... or anywhere else in the cash flow.
     
  6. augidog

    augidog Banned

    Motorized Bicyclists are constantly declaring, or demanding, or wishing for, independence...and we can't have it both ways...you is either inside the box or outside the box...if you step out on your own you should be willing to take the hit on your own.

    boiled down, it's always been my thought that the insurance lobby will likely "get us" before vehicle & traffic laws do.
     
  7. give me vtec

    give me vtec Active Member

    not likely... not enough in premiums to justify the money it would take to lobby congress for the legislation.

    barely enough in personal auto insurance.... I tried to sell it, I know.
     
    Last edited: Jul 8, 2010
  8. Cavi Mike

    Cavi Mike Member

    More frivolous BS. If you put an engine on something that wasn't designed for one and it breaks, it's no one's fault but your own.
     
  9. Al.Fisherman

    Al.Fisherman Active Member

    Love it...Called PERSONAL RESPONSIBILITY. I wish I had sat on that jury, the POS would of gotten S**t from me. Gee I think I'll go to Sears and buy a screwdriver, come home and poke my eye out and sue. The bike wasn't the issue it was the motor...dah.....Such BS. One good example of why insurance cost as much as it does. How about I get in my diesel truck and race up the road at 120 MPH, blow out my NEW Hancook tire out, run off the road, and blame either Dodge or Hancook for my stupidity. This **** makes me sick. The bicycle company didn't make the bike or mount the engine onto the bike. geeeee a third partty did. Who'ed know. Wonder if his brother built it for him.
     
    Last edited: Jul 7, 2010
  10. GearNut

    GearNut Active Member

    The individual whom built and injured himself on an MB should be held responsible for his own actions.
    The plaintiff in this particular lawsuit should be caned for making the rest of us in the MB world look stupid, and weaseling himself a 1.1 MILLION reward for doing it.
     
  11. augidog

    augidog Banned

    seems we all posting so far agree we should be willing to take our lumps for that "30mph rush." build & ride safe, fellow MB'ers, it's still every bit as fun.

    vtec, your counter-thought is logical alright...but i bet we are the subject of a rant now and then over mai-tais at "fundraisers"...and consider, the first time an underage rider leaves a trail of brain-matter thru an intersection the numbers may wash out differently...for now, hopefully for a long time, your take is the more accurate one i believe.
     
  12. Chris Crew

    Chris Crew Member

    I've had several requests to buy my bikes or have me build one for someone. I've turned them all down on exactly these grounds. I tell folks that these are rolling sculpture, for amusement only, and can in no way be categorized as safe. If I bust my A on my own bike, that's one thing, if someones gets hurt, it's quite another.

    I'd be surprised if the above verdict were not overturned on appeal, I just regret the tremendous public expense that will be incurred sorting it out.
     
  13. Happy Valley

    Happy Valley Active Member

    Yes I agree, as in the insurers driving legislation against what they see as liability. They already do that with wide influence.
     
  14. give me vtec

    give me vtec Active Member

    yeah right... not a chance. Like I said, not enough money in it.

    Have you ever tried to sell a PAP??? There is almost no money in it. Motorcycles are even less.

    The real money is in Commercial auto. So... unless companies start using fleets of mb's, I doubt the insurance companies are going to put much thought in it.

    Stop being so cheap and paranoid the insurance companies are just after YOUR money. Truth is that homeowners and personal auto are worthless. All their money comes from the insurance required to run a business... ie workers comp, commercial auto, product liability, ag insurance, general liability, boiler and machinery, inland marine, etc.

    They dont get much from people like us so I wouldn't worry too much about it... there inst a conspiracy to take your money. I promise.
     
  15. plinko

    plinko Banned

    Unless there Is a way to stop frivolous bull skank lawsuits.We will have no business left In this country.I hope the guy who got this 1 million gets nailed for a lawsuit. Fraggin creeps like him are why things are getting more laws,regulated,or made Illegal. Today's society and judicial system makes me sick to my stomach.
     
  16. Al.Fisherman

    Al.Fisherman Active Member

    The problem lies in the mentality of a juror, or should I say the lack of it. Guess who awards these large sums....YOU, not directly, but people just like you and I. They sit there and see this poor guy and think...**** that company has tons of money and has insurance coverage...let's teach them a lesson. Never do they think where the money they give out comes from. I guarantee that in the end the consumer will pay the bill. Same thing taxing a business...when will Washington get it into their head that companies DON'T pay taxes. Show me one tax that is paid solely by a company or corporation.

    TORT REFORM....TORT REFORM...TORT REFORM
     
  17. Happy Valley

    Happy Valley Active Member

    LOL, an opinion in search of a argument I guess. We all have the right to agree to disagree but I've always considered it relevant to know what was being disagreed with.

    Forgive me for not being clear, my comment was referencing insurance underwriters becoming aware of the potential liability that attaching motors to bicycles might represent toward their policy holders. If MBs continue to become popular, and I think they will, incidence rates are bound to escalate. I'm seeing it happen and think it's just a matter of time before MBs show up on legislative radar screens. The insurance lobby already pretty much writes it's own legislation anyway, ready to extend a helping hand to your hardworking representatives, lol.
     
  18. give me vtec

    give me vtec Active Member

    uhhh. ok.

    You always claim I am looking for an argument... but that is exactly what you constantly do with me.

    Case in point... this post.

    Let me ask you a question. How many cars are on the road??? How many Mb's???

    There will NEVER BE enough MB's on the road (or accidents caused by them) to justify a response from the insurance industry in any way... NEVER. There just isnt enough money in it or damage caused by them to justify it. I mean come on, how much damage can you cause with an MB??? I bet more damage is caused by shopping carts... dont see shopping cart insurance or massive lobbyist intervention on behalf of the insurance companies to get rid of shopping carts, do you?

    I used to sell commercial lines..... no underwriter would waist their time on anything that had to do w/an MB.
     
  19. Happy Valley

    Happy Valley Active Member

    Really? Always/Constantly? LOL, gosh don't take this stuff so seriously.
    In the two years I've been here I honestly don't recall anything particularly memorable in regards to your posts that would elicit that characterization.
    There are several definitions to the word argument you know, e.g. :
    1. quarrel or disagreement, 2. a discussion in which reasons are advanced for and against some proposition or proposal........... I assure you my comment above was referring to the latter definition but whatever.

    One thing quite apparent is the $1.1 million payout as referenced in the thread title story, bet some underwriter got that memo, lol.

    Relax, enjoy yourself.
     
    Last edited: Jul 9, 2010
  20. machiasmort

    machiasmort Active Member

    This thread puts in a nut shell what is wrong with this Country these days.

    Was talking about this last night with a friend. While we need avenues for recoarse when somebody does unjustified wrong, the only role our Government should play in our lives is for our protection and protection of our lands.

    Hope I'm forgiven for throwing politics in here, but, the liberals have spun this clause of our Constitution too the point where, our protection, means wearing a seatbelt in your own car and providing an environment where we have more lawyers than craftsmen.

    Everybody needs to remember this when voting, the sensative people need to get tossed from office and realize that there is a certain ammount of "RISK" associated with life!
     
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