Old 09-05-13, 12:31 PM
  #36  
KonAaron Snake 
Fat Guy on a Little Bike
 
KonAaron Snake's Avatar
 
Join Date: Jun 2008
Location: Philadelphia, PA
Posts: 15,944

Bikes: Two wheeled ones

Mentioned: 42 Post(s)
Tagged: 0 Thread(s)
Quoted: 1254 Post(s)
Liked 346 Times in 175 Posts
Originally Posted by FBinNY
The release will not prevent you from bringing a liability suit for any product defect or because the shop performed defective work. Nor will it raise legal fees, since attorneys take these cases on a contingency fee basis, taking a set percentage of any award.

However, it can prevent you for bringing suits for things like failure to warn, or selling an inappropriate bike. The release is usually combined with a checklist, where you confirm such things as knowing or being told the laws of your state, were reminded to wear a helmet, know how to use a quick release, and so on. This can prevent a number of the most common suits or help a dealer prevail if for instance you have an accident because you misused the QR when mounting a wheel.

As such, it isn't an unreasonable requirement, and is really no worse than you signing that you got the bike.

BTW- I don't know about other states, but in NY courts usually disregard broad releases, but will uphold clear and narrowly defined terms, such as "I was shown and understand how to use a quick release" or "I was given an owners manual and told to read it before riding".

Years ago, I was involved with a nonprofit that ran weekend and longer trips for youth. We had parents sign releases, which included things like saying the trips included riding on public roads where there was always the risk of being hit by a car, or crashing because of road conditions such as gravel, sand or potholes. It also stated that leaders were not mechanics, and it was up to parents to make the bikes were safe, and trippers to report any problems. There was more specific language, and we and our insurers had an excellent record preventing suits for injuries sustained on trips and prevailing in the few that went that far.
I don't agree entirely...attorneys rarely want to go to court and an obstacle often leverages the settlement. Companies obviously think they're gaining something by doing this or they wouldn't spend the time drafting and negotiating the language. Obviously we're speaking in broad terms as it does come down to state by state, contract by contract.
KonAaron Snake is offline