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Old 05-29-14, 02:03 PM   #26
CbadRider
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To the OP: If you are even remotely considering taking legal action, please keep in mind the following post from the head forum administrator here:

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Originally Posted by Tom Stormcrowe View Post
1) Limit your disclosure on the forums. This isn't to protect us, it's to protect you. Lawyers do mine online forums for data on accidents, and can even identify if they have found their opponent if you disclose enough information. This has happened at some of the car forums and it has cost members settlements that are satisfactory.

2) See 1 and drive it into your brain.

3) See 1 and 2.

4) This actually applies to any potential legal action, whether you are cycling, walking, or driving a vehicle, or even a workplace accident. In a nutshell, you do not want to disclose a tremendous amount of specific information when you are potentially going to have to sue someone to anyone but YOUR lawyer. He or she is being paid to and is ethically bound to represent your interests, and the other lawyer is paid to, and is ethically bound to represent theirs. Don't make THEIR job easier and your lawyer's harder.

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Old 05-31-14, 10:25 PM   #27
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Good advise.
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Old 06-02-14, 08:22 AM   #28
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I'm sorry about your sister, hope for a speedy recovery.
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Old 06-04-14, 04:20 AM   #29
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First let me give you my sympathies for your sisters, injury and wish her well, secondly, what is it you would like from the shop? compensation? If so then I think your wisest move would be to find and get in contact with a lawyer. good luck.
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Old 06-04-14, 04:38 AM   #30
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Originally Posted by Gnosis View Post
Firstly tjax, I’m sorry to hear about your sister’s accident and I hope she fully recovers and soon.

Many hydraulic disc brake systems forewarn that bikes should not be flipped upside down, as air bubbles in the brake lever reservoir can potentially make their way up into the inverted brake caliper thereby reducing braking efficiency. Shimano’s Techdocs forewarn of this issue per my Shimano M445 hydraulic disc brakes, but this is just one of many hydraulic disc brakes that weren’t intended to be flipped upside down.

In theory, if all the air was removed during the bleeding process, it shouldn’t present an issue, but there’s no way of knowing with absolute certainty that all the air was removed during the bleeding process, so that’s where the possibility of lost braking efficiency arises.

Upon crash impact, the potential for previously trapped air bubbles to make its way into the brake caliper is a very real possibility, so she may have had full braking capacity until she lost control and the impact of the crash altered the braking performance.

For both of her independent front and rear hydraulic disc brakes to have failed simultaneously prior to the crash is almost astronomically improbable, but for both to be damaged as a result of a crash is entirely possible.
This was my first thought.

Best wishes for a speedy and full recovery.

John
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Old 06-04-14, 04:45 AM   #31
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Without knowing just what it is you want it's really hard to say.

When I replaced the brake pads on my MTB they were seriously spongy for a while. I nearly got myself into trouble as I started braking for the junction at the end of my road at the normal sort of time, but nothing much happened when I pulled the brake lever. It wasn't a fault, it was just that new pads need to be bedded in. Once I'd stopped a few times they worked perfectly, it's just that it only takes one instance of them not stopping well to result in something nasty, as your sister has obviously done.

It's also hard to know what to suggest. If you expect the shop to fix the bike free of charge you need them to accept that they didn't do the job properly the first time. If they accept they didn't do the job properly the first time then they are arguably liable for your sister's injuries, so they will obviously have a vested interest in not admitting anything. If you're asking for something as a gesture of goodwill you may get them to correct anything wrong with the brakes, but if they have sold you something unsafe it seems a pretty poor outcome to get little more than a fixed brake system and a get well card for your sister. That said I also have to agree with what others have already said about checking the bike before riding it. It reminds me of a ride I did where I broke a spoke and had to loosen the rear brakes because the rear wheel was out of true because of the spoke. I knew my back brake was much less effective than normal so kept much tighter control over my speed on the descents than I would normally. In the same way if you notice your brakes are a bit spongy you need to keep your speed down - if they aren't very good at 10mph they won't be any better at 20mph.

Of course all this is with the benefit of hindsight, and the most important thing of all is for your sister to have a speedy and successful recovery.
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