$1 million awarded to MB rider/ fender failure

[augidog]

it's done, no matter how we each feel. my emotional standpoint is "dammit!" my "legal" standpoint is "motored? you're on your own."

but hey, here we are talking about it, it's definitely an on-topic current event. i have some questions.

we know of many engine-powered failures, do we know this is the first lawsuit? maybe i missed it, but how did this one endup in federal court btw?

do we know of any pedal-powered lawsuits?

 

[RedBaronX]

we know of many engine-powered failures, do we know this is the first lawsuit? maybe i missed it, but how did this one endup in federal court btw?

Federal court, I would have to guess it would be something like-- purchased in one state, used in another, parent company has US HQ in yet another state... AND the company's main HQ is in a foreign country.

 

[augidog]

was gonna edit, but you replied pretty fast...you make sense about the jurisdiction if that is the reason.

and what, if any, action was taken against wonderful creations? was there any settlement or other compensation? how did they slide?

 

[RedBaronX]

was gonna edit, but you replied pretty fast...you make sense about the jurisdiction if that is the reason.

I don't KNOW if that is why, but it makes sense... especially since the lawsuit included a foreign company.

and what, if any, action was taken against wonderful creations? was there any settlement or other compensation? how did they slide?

If W-C sold just the motor, and the motor did not fail, I don't see how they would be considered liable in the accident.... I would think that they would be liable only if there was something about THEIR motor that accelerated the failure of the fender support.

I guess I see the case (as presented; I was not a juror) as either:

1. the fender failed: the support piece was inherently faulty and would have failed in that manner through normal pedal use (just not as quickly as it did with the motor attached)

2. the engine failed: something about the design of the engine was faulty causing it to accelerate metal fatigue in the bicycle.

Sure, BOTH could have been true, but for legal purposes they can't blame both-- since your average bicycle isn't designed for an engine, you can't blame the bicycle maker for creating a bike that didn't hold up to an engine. I would assume that their case was built on the piece being just plain faulty out of the box and that it would have failed under normal conditions.

 

[augidog]

On August 2,
2006, the Plaintiff was riding his Pacific Cycle bike, which had been
retrofitted with a 48 cc motor by an EBay seller, Wonderful Creations,
Inc.

i read this as saying he bought a pre-built...no?

 

[RedBaronX]

I didn't catch that the first time I read through that. The way it is worded DOES imply it was fitted with the engine by Wonderful Creations... I first read it as only the engine was supplied by W-C.

I found Wonderful Creations on eBay: http://myworld.ebay.com/mightywonderful

While eBay doesn't indicate that they sell or have ever sold complete MBs, they currently do not have any now, nor have they listed any within the last 15 days. They have motor parts and various accessories for MBs. So, who REALLY knows if W-C retrofitted the bike or if the article got that info wrong?

 

[srdavo]

....you agree to abide by any and all traffic laws governing your city, state or country and further agree to hold Wonderful Creations and any associates thereof, blameless for any accidents, mishaps, property loss, damages, death, injuries or expenses reportedly, or supposedly caused by the use, or misuse of....

hmmmm... that about covers it.

FWIW.... truthteller has never claimed to be the injured party, but....

He does seem to be on a mission, of sorts.

 

[oologah]

That about covers it, now days everyone has to cover their butts. Common sense seems to be more uncommon these days. Never read the box the Q-tips come in but am sure there are instructions for the uncommon ones.

 

[meatwad]

I'm gonna side with the MBer because I'm a contrarian.

In the old days ballooners had two thick metal braces instead of one and usually an attachment point at the fork. Things just keep getting cheaper and this is what happens.

Also (and I have no proof of this) but I think that if one pre-stresses the braces slightly outward so you have to push them inwards towards the axle to install instead of pulling them out to install, if one breaks it will not go into the spokes.

Most fenders I've come across do have the braces needing to be pulled out to install and though it might take a million miles under pedal power they will eventually go into the spokes.

 

[augidog]

edit: there are plenty of bicycles that don't fall apart when motorized, OR there are plenty of affordable upgrades to make most bicycles suitable...and the few extra bucks is worth it...i use $30 planet bike fenders and have had no mishaps in five years and many thousands of miles with almost every kind of assist-drive. see, i was aware i was going to push a bicycle further than intended, and i did my homework.

and i believe ignorance (ie "unsuspecting") is a lame defense after cheaping out. are you telling me you didn't even "suspect" you might get only what you paid for?

i do distinctly recall w-c being one of many box-sellers exploiting the impulse market back then, but i don't recall if they sold "assembly"s...

i wonder if/how pacific has strengthened their "intended use" disclaimers in the last 6 years? is there anything dealing specifically with motorizing?

i don't know who "my_half_of_the_truthteller" is...but it looks like "plaintiff" might have some 'splainin' to do...did you buy an assembly or put it together yourself?