Advocacy & Safety - Christmas Warning From Moms Who Care

Christmas Warning From Moms Who Care
STOP HURTING OUR KIDS -- www.shokbikes.org

We are the parents of children who have been injured on bikes purchased at Wal-Mart and/or made by Dynacraft. Our sons and daughters have suffered permanent scarring, disfigurement, major bone and dental trauma, severe scraping and bruising, brain injury and ruptured internal organs. We have:

* Evidence of over 100 accidents
* Evidence of brain damage to children
* Evidence that accident reports were “thrown away” by Wal-Mart claims people

Some of us are currently involved in a group lawsuit against Wal-Mart and their distributor Dynacraft, and we intend to prove in court that:

• WAL-MART KNEW these bicycles were causing serious injuries and refused to act
• WAL-MART CONSPIRED with its importer Dynacraft to cover up these incidents & keep the problem hidden

In order to protect all children nationwide and to make a statement against corporate greed and public victimization, we are asking all parents and families: Don’t buy bikes from Wal-Mart.

As the world’s largest seller of children’s bicycles, Wal-Mart should ensure the safety of bikes they sell. Until Wal-Mart accepts full responsibility for the multiple accidents on their bikes, and ensures the public that they’ve stopped selling defective bikes, consumers should purchase their bikes elsewhere, preferably a local bike shop that can offer expert advice and personalized service. Bikes are not toys!

-----------------------------------------

Please pass this on to every parent you know. According to the National Retail Federation, bicycles are one of the Top 10 Gifts for Boys during the holiday season. Let’s save children from needless injury and hit Wal-Mart where it hurts until they Stop Hurting Our Kids!

CONCERNED FAMILIES
Cindy Mary-Carman — San Jose, CA
Roxanne Berry — South Charleston, WV
Brian & Stacy Anglen — Chiecotah, OK
Cheryl & Kim Abplanalp — Vernal, UT
Carla Baird — Chuluoata, FL
Connie Gowawn — Slidell, LA
Cathy Belyeu — Dallas, TX
Sandy Huber — West Chicago, IL

Christmas Warning From Moms Who Care
[B]
* Evidence of over 100 accidents


Considering how many bikes WalMart sells, that's not very many. Did these accidents happen on the first ride? Kids have been known to mess around with bikes even when they don't know what they're doing. It is the owners/riders responsibility to perform a safety check prior to riding. That said, I would get my kid a decent bike and check it out myself before letting them ride it. I guess I'm funny that way, but I believe in personal responsibility.

Just looking for deep pockets.

Couple interesting messages in that OP message:



Don’t buy bikes from Wal-Mart.

Bikes are not toys!



Just those two things alone are a great message.

why not just stop shopping at walmart altogether?

Don't buy ANYTHING at Wal-Mart.

http://walmartwatch.com/
http://www.fastcompany.com/magazine/77/walmart.html
http://www.walmartmovie.com/

Considering how many bikes WalMart sells, that's not very many. Did these accidents happen on the first ride? Kids have been known to mess around with bikes even when they don't know what they're doing. It is the owners/riders responsibility to perform a safety check prior to riding. That said, I would get my kid a decent bike and check it out myself before letting them ride it. I guess I'm funny that way, but I believe in personal responsibility.
I think that I would agree with you. And besides that, I wouldnt buy a cheap Walmart bike, boycott or not. If you cannot afford a new bike at a LBS, go to garage sales, thrift stores, flea markets, want adds in the paper, E-Bay, ect. I would buy toothpaste, or socks and underware at Walmart, but I would never buy anything like a bicylce. I bought three air matteress's at Walmart to go camping with, and all three leaked the first time out.

question, would you sue McDonalds for serving hot coffee?

Don't buy ANYTHING at Wal-Mart.

http://walmartwatch.com/
http://www.fastcompany.com/magazine/77/walmart.html
http://www.walmartmovie.com/
+1 You can't buy anything from WalMart and then pretend to have any moral high ground. Plus, does anybody really think they are keeping prices low by selling quality products? You get what you pay for.

In order to protect all children nationwide and to make a statement against corporate greed and public victimization, we are asking all parents and families: [SIZE=3][B]Don’t buy bikes from Wal-Mart.

Did these bikes get a proper fitting?
Did these bikes get regular maintenance, including checking quick-release tension?
Did these bikes get daily inspection to make sure they worked?

question, would you sue McDonalds for serving hot coffee?

Learn at least a few details before throwing this out again. McDondalds brewed their coffee about 10 degrees hotter than anyone else to get more cups out of each pound of coffee. They were well aware that this was apt to cause injury and then were stupid enough to have an internal study that decided that they would profit by doing this and settling any lawsuits.

Perfect foundation for a suit with punative damages.

AND a case where the system worked correctly.

I am not surprised. I stopped buying things from Wal Mart because almost everything I buy there breaks in a few months time.

I believe in personal responsibility.

Personal responsibility is one thing, but retail negligence is another. The retailler has a duty of care to the consumer to do whatever a reasonable person would do to ensure that what is sold is safe. If the retailler is not meeting an adequate standard (which would have to be proven in court) then they deserve to face a financial penalty. I would not impute a wrongful motive regarding parents whose children have suffered as a result of alleged shabby retail standards. They have every right to sue to ascertain negligence on the part of the retailler and to ensure that the company does not cause further harm. I don't shop at WalMart for a variety of reasons. If they are found negligent, that would be another good reason not to shop there.

Did these bikes get a proper fitting?
Did these bikes get regular maintenance, including checking quick-release tension?
Did these bikes get daily inspection to make sure they worked?

Sorry I disagree. One reasonable expects a childs bike to not requite constant care. The two questions I would ask are:

Did the bike come assembled?
If not were the instructions adequate?

If assembled one reasonably expects it to be safe to ride. While it is reasonable to expect most of the people on this site to know how a quick release works it is not reasonable to expect the man off the street to know.

I would think the first is where Walmart may be in trouble is on the first. If they did the assembly and then it released unexpectedly the suit will likely win. If people assemble their own the raw numbers pretty much point to the instructions being reasonable and those filing suit being unable to read.

Personal responsibility is one thing, but retail negligence is another.

I agree that WalMart needs to be held liable for their actions, but a person simply cannot be a customer of that store without commiting their own ethical crimes, just like a person cannot purchase Nazi postage stamps and then sue the government for putting their grandma in the gas chamber.

Now for a bit of fun (just received this in my email):


Petition. -- The website has an option for "Don't by me Walmart for Festivus"

Dear friend/family member,

I am writing to ask you not to buy me presents at Wal-Mart this holiday season. Wal-Mart engages in some of the worst labor practices in the country: paying its employees substandard wages, forcing unpaid overtime on its workers and refusing to provide affordable health insurance.

Until Wal-Mart changes its ways, I won't shop at Wal-Mart and I hope you won't either. Please join me in telling Wal-Mart we won't shop at its stores until it treats its employees better.

It only took me a few seconds to sign the Wal-Mart Pledge and I'm hoping you'll sign it, too. Click here to sign the pledge:

http://www.workingforchange.com/activism/petition.cfm?itemid=19943

Personal responsibility is one thing, but retail negligence is another. The retailler has a duty of care to the consumer to do whatever a reasonable person would do to ensure that what is sold is safe. If the retailler is not meeting an adequate standard (which would have to be proven in court) then they deserve to face a financial penalty. I would not impute a wrongful motive regarding parents whose children have suffered as a result of alleged shabby retail standards. They have every right to sue to ascertain negligence on the part of the retailler and to ensure that the company does not cause further harm. I don't shop at WalMart for a variety of reasons. If they are found negligent, that would be another good reason not to shop there.

Did the accident happen on the first ride? Was the front wheel ever removed or was the quick release ever loosened? In all likelyhood if the QR was loose when sold the wheel would have fallen off when they loaded/unloaded it in their car to take it home. Bicycles do require maintenance and a pre-ride check should always be performed. Parents have a responsibility to cover bicycle safety with their kids.

While I think getting a bike at an LBS is a much better option, I must admit to owning 4 Wal-Mart Bikes currently. One, an old MTB, I've had for 13 years. The others are a cruiser for my wife and two kids bikes. Do they work flawlessly like my Lemond? NO! However, are they dangerous? No they're not. I think the main thing is to check out the bike before use. It seems to me 100 problems out of the amount of bikes Wal-Mart sells is a pretty low number.

Did the accident happen on the first ride? Was the front wheel ever removed or was the quick release ever loosened? In all likelyhood if the QR was loose when sold the wheel would have fallen off when they loaded/unloaded it in their car to take it home. Bicycles do require maintenance and a pre-ride check should always be performed. Parents have a responsibility to cover bicycle safety with their kids.

Well, again, the allegation has to be proven in court. I have no facts of the case other than what is published here. Neither am I a lawyer. I am a psychologist and in my experience, most people don't run off to court without cause. The cost and time involved in going to court should be sufficient reason to not go if a good case cannot be made.

Well, again, the allegation has to be proven in court. I have no facts of the case other than what is published here. Neither am I a lawyer. I am a psychologist and in my experience, most people don't run off to court without cause. The cost and time involved in going to court should be sufficient reason to not go if a good case cannot be made.

You must not be from the U.S. There is a whole industry centered around frivolous lawsuits.

It sounds to me like these people expect some company to do their parenting for them. Maybe they should have invested a little time to make sure their kids bikes were safely assembled and in sound mechanical condition before letting their kids loose on them. At least that's what my Dad and Stepfather always did, and what I plan on doing with my daughter. Do these people see who works at their local Wal Mart? Do they imagine that the Discovery team mechanic is in the back room assembling bikes? There is nothing wrong with people trying to get the best deal possible, but as stated before, you get what you pay for. I would be willing to bet that there were warning stickers, as well as instructions on how to safely operate the QR mechanism. Why should Wal Mart, a very evil company to be sure, be punished because these parents can't be bothered to parent their own children.

This thread is an advertisement for attorney Mark Webb of San Francisco. Attorney Webb has a jury trial underway in California concerning these so-called "concerned parents". The jury has been sent home for the Holidays until January 4th. Mark Webb's publicists have planted stories on national TV networks, local TV stations (especially in towns the jury lives in) that will be broadcast this week, in an effort to influence the jury.

Mr. Webb's publicity campaign has two goals: 1. to influence the jury that is currenty hearing the case of the "concerned parents" mentioned in Spinderella's post. 2. to recruit new clients for Mr. Webb's next lawsuit. By, the way, in the PR business, "Spin" means to twist the facts to sell a product. "Spinderalla" has chosen an appropriate name for his efforts to abuse "BikeForums" to promote Mark Webb's law firm.

I have no regard for Wal-Mart, and the corporate greed that compels Wal-Mart to sell shoddy bikes made by unskilled, unpaid communist slave labor. And, there is no doubt that the combination of junk bikes, incompetent assembly by Wal-Mart employees, and uncaring parents (duh...they gave their kid a bike from Wal-Mart) causes many children to be injured each year.

But, now we have "Spinderella" promoting attorney Mark Webb, and using BikeForums to solicite clients by pretending to be a group of "concerned parents". Hard to know who to root against in this dispute...the greedy, slimy corporation, or the greedy, slimy lawyer.

For reponsible parents, there is an easy solution: Buy your kid a bike from a good LBS. If you are buying a bike for a nine year old, buy a tough, reliable, SIMPLE bike. Read the owner's manual. Read it again. Learn how to check over the bike carefully and make those checkups on a regular basis. Take the bike to the LBS for regular check-ups and service. Teach your kid how to ride safely. Ride with your kid to make sure they are practicing the safe riding skills they have been taught.

Sorry I disagree. One reasonable expects a childs bike to not requite constant care. The two questions I would ask are:

Did the bike come assembled?
If not were the instructions adequate?

I expect any bike - for that matter any device, even a toy - to require some sort of constant care, even if only basic inspections. Bikes, skis, skateboards, even video games. Yup, I think parents should check power cords from time to time on video games, to see if junior or a pet has pulled it, chewed it, etc. Swing sets and outdoor play structures also pose many hazards and should be checked at least every season. Pacifiers for babies can be damaged, the rubber age and crack, and become a chocking hazard. Etc.

A parent who lets a kid ride a bike without checking it first (when new) and doing routine maintenance on it is being negligent.

There have been some legitimate questions about the assembly of these Walmart bikes, and the component quality, so I won't say that the lawsuit is completely frivolous. On the other hand we get comments like this:


Anthony's mother, Sandy Huber, said she regrets that she didn't take her son's bike back sooner after he crashed in September 2000. She said he had to tighten the lever on the quick-release mechanism almost every time he went for a ride. Her then-husband also tried to fix it. After the crash, she said, an insurance adjuster sent her a letter telling her that her son had been negligent.(Full Story (http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/12/04/BAG2LG1DML68.DTL))

The parents admit to knowing something was wrong with the bike, did not have a mechanic look at it, and still let the kid ride it. I'd say the insurance adjuster called that one right. That's not to say that Walmart may not have some responsibility here, but the fault for the actual accident is the parents'. Seriously, how stupid are people today? Here's a clue: your kid will climb something, and ride that something, and may fall off. Maybe, just maybe, you as a parent should educate yourself as to the proper use and maintenance of that something.

Unfortunately no particular skill is needed to procreate, and all too often it is the result of irresponsibility in the first place.

The parents who bought these bikes are generally, not part of forums like this. They don't understand that this is a vehicle, not a toy and they buy bikes that have QR, dual suspension, and 21 gears because that's what their kids want. Wal-Mart, K-Mart and Target all sell bikes with fewer speeds, no suspension, and no QRs for less $$ than the bikes mentioned in the suit. But the kids want the bikes that look like the ones at the LBS and parents, not understanding the risks, buy them.
There is a very good article in Bicycling, I think it was the October 05 issue, where they discuss this same subject. They asked, why don't the box retailers sell bikes that have better components/construction and fewer frills. The answer was simple, they don't sell.

I wonder how many of those parents even know how tight a QR should be, or would know if the bike is built right in the first place.

Quite easily those parents that are buying their kids X-mart bikes are not likely cyclists themselves.

I know that I, as a cyclist, took my son to the local LBS for his bikes.

You must not be from the U.S. There is a whole industry centered around frivolous lawsuits.

I'm a Canuck. Sad but true. I was making a general point. Up here frivolous lawsuits get tossed.

I expect any bike - for that matter any device, even a toy - to require some sort of constant care, even if only basic inspections. Bikes, skis, skateboards, even video games...

A parent who lets a kid ride a bike without checking it first (when new) and doing routine maintenance on it is being negligent.
+1. As the "bike guy" in the neighborhood, kids bring me things to fix all the time.

Most of things that are wrong would be obvious to anyone -- completely inoperable brakes, chains with no lube whatsoever, severely underinflated tires, handlebars that are so loose they almost operate independently from the wheel.

These bikes may be junk but the vast majority of the time, it is negligence rather than poor construction that makes them unsafe.

Even high quality bikes have things go wrong. In the article referred to earlier in this thread, one of the kids parents mentioned tightening the QR every time it was ridden. It does not take a master mechanic to figure out that QR was not functioning properly.

Excuse me...I just wanted to say that I'm not an attorney. Yes, this is my first posting to this site but I was really compelled when I saw this website. Maybe you guys didn't see Good Morning America today, but I did. I thought serious cyclists would rally behind proof that Wal-Mart shouldn't be selling bikes. I guess people are more concerned about making fun of poor people not having enough money to buy nice bikes. I suppose you guys think it's the buyers' fault and not Wal-Mart. Who would have guessed? There is a lot more to this case than just this warning. Metals expert Robert Neil Anderson testified in court that, "It's like using marshmallows to try to hold it (the quick release) in place." And that, "It's dangerous. The way they are manufactured...At any time, the wheel can come off." It's not about whether or not people use the quick release, but that it's a DEFECTIVE quick release. John Howard, four-time Olympic cyclist, said "These bikes are junk." So yes, shopping at Wal-Mart wasn't the best decision to make. But, when Wal-Mart is the only bike store in 50 miles, and you want to buy a nice present for your child, then you have no choice but to shop there. Now they know how dangerous that was, and are trying to warn other parents before it happens again. Which is it.
Thank you to those who are in support of these moms and who care about the safety of our children.

- didn't those bikes have:

Lawyers Lips™

????

('indented quick-release CNC machining on the forks and rear to preclude inadvertent release of axles')

Nope, that's the problem! They did not have "Lawyers Lips".

Please check out this article for more information that may clear up a few things:

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2005/12/10/BAG10G5SEA1.DTL&hw=Expert+Wal+Mart+Bikes&sn=002&sc=632

And watch this segment that aired on Good Morning America this morning:

http://www.abcnews.go.com/GMA/

Click on "dangerous bikes"

And watch this segment that aired on Good Morning America this morning:

http://www.abcnews.go.com/GMA/

Click on "dangerous bikes"

Actually it is "Bike Dangers?" link.

I find it hard to understand how Wal-Mart (or any retailer) can be responsible for something adjustable (like a quick release equipped bicycle) that was purchased, taken home, and used for a period of time. As a former kid I can remember the day I discovered that there were nuts and bolts on my bike that I could "adjust." I'll always remember the day I adjusted my stem height (remember quill stems?) and then went out jumping (on a ramp made from scrap plywood and 2x4's with me not wearing a helmet or any other protective gear; where were the safety police?). I pulled up on the handlebars to acheive maximum lift and found myself flying through the air holding a pair of bars that were no longer attached to the bike. Needless to say the landing was less than graceful. Did my parents rush to phone the nearset lawyer? Hardly. I got a lecture from dad about not wrenching on things you don't understand.

But, when Wal-Mart is the only bike store in 50 miles, and you want to buy a nice present for your child, then you have no choice but to shop there.

You do have a choice: don't buy it.

If you want a nice present for your child, Wal-Mart is the last place to go. Not only are you likely to buy a product of poor quality, but you are giving money to a corporation that would bulldoze your home and enslave your family to poverty wages if given the chance. I wouldn't buy a nice bike from a KKK fund raiser even if it were the only bike shop in the entire state.

Spinderella: I don't mean to come down on you. I just really, really, really hate greedy, soulless bastards like the Wal-Mart people. :mad:

Heh, the Walmart STASI will be invading this thread any second. For those of you born after the Iron Curtain came down, the STASI were the dreaded secret police in Communist East Germany. Anyway,,

It is doubtful that Walmart will change anything it does. Their policy is to improve their public image. This is done through marketing, and propaganda-laced ads. (Ya just gotta love that "Rogue manager" defense. A classic)

I'll take a guess that this spring, some Walmart stores will hold bicycle safety clinics in their parking lots. Parents and kiddies will be invited to bring their bikes in for a "free checkup". The word "Free" works every time. I'd rather not take a guess as to who will be doing the mechanical checking of kid's bikes. This will finish up with a bicycle rodeo, perhaps with an appearance by a local celebrity or two. This, plus a cash donation to a local hospital, and Wally will be in the clear once again.

Am I too cynical, or am I right?

Spinderella, there is nothing wrong with your concerns. You may be interested in this website (http://www.bikesrnottoys.com/) Welcome to the forums.

+1 You can't buy anything from WalMart and then pretend to have any moral high ground.
Nope, that belongs to those avid cyclists who buy their styrofoam, titanium and lycra stuff at toney emporiums that cater to cyclists pretending to hold some sort of high moral ground.

Nope, that belongs to those avid cyclists who buy their styrofoam, titanium and lycra stuff at toney emporiums that cater to cyclists pretending to hold some sort of high moral ground.

Still riding your X-Mart special I suppose....

I am an attorney that does personal injury and I'd like to make a few comments. First of all, we don't know what basis of the law suit is, whether its faulty assembly, faulty QR, kid that took off the front wheel and didn't put it back on correctly or something else.

Yet everyone here seems to be convinced that it is a frivolous lawsuit, that its the parents fault for not adequately supervising their kids and their kids bicycles. We just don't know that that is the case.

So lets not jump to conclusions until we know what really happened.

And to the original poster-I'm sorry your children were injured, but your post tells us very little about what Walmart did or didn't do to cause your loss. If you would like us to back your cause, tell us some more. Posting a form letter from your litigation website is not sufficient.

Nope, that belongs to those avid cyclists who buy their styrofoam, titanium and lycra stuff at toney emporiums that cater to cyclists pretending to hold some sort of high moral ground.
Not if the toney emporiums are putting cash in the pockets of soul-sucking bastards who will squish anybody or anything to make a buck. Then I'd say find a different bike shop.

Yet everyone here seems to be convinced that it is a frivolous lawsuit, that its the parents fault for not adequately supervising their kids and their kids bicycles.
Not me. I see no reason the lawsuit can't be completely valid. What upsets me is people who feed a monster like Wal-Mart and then act surprised when it bites them. If it were a store like Toys-R-Us, I'd expect a higher standard of quality and corporate responsibility. But people who shop at Wal-Mart are going to reap what they sow. I'm going to quit posting here now. Time for a beer and a chill pill.

I am an attorney that does personal injury and I'd like to make a few comments. First of all, we don't know what basis of the law suit is, whether its faulty assembly, faulty QR, kid that took off the front wheel and didn't put it back on correctly or something else.

Yet everyone here seems to be convinced that it is a frivolous lawsuit, that its the parents fault for not adequately supervising their kids and their kids bicycles. We just don't know that that is the case.

So lets not jump to conclusions until we know what really happened.

And to the original poster-I'm sorry your children were injured, but your post tells us very little about what Walmart did or didn't do to cause your loss. If you would like us to back your cause, tell us some more. Posting a form letter from your litigation website is not sufficient.

You seem to have missed quite a few posts. There are just as many, or more that assume since it is Walmart they must be guilty.

Yet everyone here seems to be convinced that it is a frivolous lawsuit, that its the parents fault for not adequately supervising their kids and their kids bicycles. We just don't know that that is the case.

Perhaps you should read the posts again, paying closer attention. For example my post (#22).

bicycles are one of the Top 10 Gifts for Boys during the holiday season
Why not girls? It's so unfair!

But people who shop at Wal-Mart are going to reap what they sow. I'm going to quit posting here now. Time for a beer and a chill pill.
Good Idea. I think it is time for a double Whopper, fries and a large diet Coke.

Good Idea. I think it is time for a double Whopper, fries and a large diet Coke.

Yuk, that diet coke stuff will kill you - can I get cheese on the Whopper?

Big-box stores could make unsafe bikes out of anything their assemblers "assembled." Trek, Cannondale, you name it. I remember when our local Costco got hold of some Cannondales once... yikes. Those things were a scourge for a couple months. My advice to people buying a *mart bike is to take it straight to a conscientious LBS that you trust, and have them give it a tune-up to get it off to a safe start in life, unless you have those skills yourself, in which case, go for it :)

Good Idea. I think it is time for a double Whopper, fries and a large diet Coke.
Heart attacks all around! Just don't sue BK when it happens. :D

Yuk, that diet coke stuff will kill you - can I get cheese on the Whopper?
Bacon too! And make that an extra large Diet Coke to dissolve all the calories.

Bacon too! And make that an extra large Diet Coke to dissolve all the calories.

Tequila works too, wonder if Walmart is gonna get into the liquor business...would I need to worry about defective Cuervo?

Tequila works too, wonder if Walmart is gonna get into the liquor business...would I need to worry about defective Cuervo?
Sure they sell liquor; Guns and ammo and Cheez Doodles too! Everything but the pixie dust required to make Woodstock Wannabees' dreams come true.

To the origional poster... if i were in your shoes, I would probably do the same thing.

True, you purchased the cheapest bike you could find for your kid paying no attention to potential safety risks... You probably also didn't even test to see if the wheels were tight... or if the brakes worked.....

Yep, If I were you, and knew that either my wallet, or my inability to check the obvious ended up hurting one of my kids, I too would scramble to try to point the blame at someone else. I think it is a natural reaction. Why not try to get some money while your at it too!

Tell little johnny that big mean walmart did this to him, and you are going to make them pay. With any luck he will never know the truth, and instead you will look like the hero when you get your big check... Maybe then you will be willing to invest money and time in your kids safety.

Best of luck to you,

Mike

PS... maybe next time around you will even invest in a bike helmet too!

"Anderson also said the bicycle was designed to hold a safety device, called a retainer clip -- with the inclusion of tiny holes in the forks on the steering column to house this clip. But the bicycles appear to have been sold without the clip, he added."

Bikes with quick releases don't come with this "clip". It's actually a washer with an ear that slips in a hole in the fork. My guess is they used a generic fork that can be used with an axle with nuts, or a quick release. Cheaper to only set the machines up for one type. I've only seen that washer used on axles with nuts on the ends.