Originally Posted by
tallbikeman
I read an article a while back detailing folks trying to sue bicycle corporations such as Trek and Specialized for carbon frames that broke and hurt or killed people. These corporations are set up in such a way that lawsuits slide off of them and into the sewer. They had a lawsuit stick finally in Australia and I know that despite the decades of trying they have had little success in suing any American bicycle sales outfit..
I've worked in different bike shops long enough that I've seen different types of frame failures from operator negligence to honest material defects.
There are legit cases and there are also those who are just trying to take advantage of bike companies.
Company like TREK & Specialized that have been in business for decades, probably get sued hundreds if not thousand times a year.
They have teams of lawyers and large enough legal department that are ready to respond to each case they receive.
For a single case to "finally stick" from Australia, I wonder how many other cases have not stuck and why?
Carbon frames are not everlasting.
Carbon frame failures are often catastophic when they occur, warning signs may have been subtle but without proper inspection prior to riding,
a carbon frame can easily go from one piece to fail in a single irregularity on the road surface at high enough speed.
In the case of Rad lawsuit, it seems that operator clearly exceeded the weight capacity meant for the bike and took more risks than the bike was designed to handle.
Whether the jury in trial would see that or Rad would settle out of trial is yet to be determine.
Whatever the outcome, I feel that when accident occur the operator is likely the first at fault.
Machines & vehicles are designed for their designated purpose and operation with clear limits.
Operators decide how much risk they are willing to take.