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What if someone gets hurt on a bike you sold them

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What if someone gets hurt on a bike you sold them

Old 05-30-07, 09:24 AM
  #1  
Bikehead
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What if someone gets hurt on a bike you sold them

Hello All

Since I'n retired now, have decide
to make some extra money, buying
bike,fixing them and reselling.
I was wondering, what if a bike,
I sell someone, get hurt on it.
In this law siut, happy world anymore
could, they get me for medial bills.
Have search all forms, and didn't
find and post on this subject.
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Old 05-30-07, 09:29 AM
  #2  
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I don't think they can sue you as you probably sell the bikes without any warranty 'stated or implied'. Buyer beware.

But in the usa - who knows....
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Old 05-30-07, 09:39 AM
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You intend to take up the "business" of refurbishing old bikes and reselling them for profit/extra income. The risk comes from claims like this; you were negligent in failing to spot some item that needed repair/replacement, and because of it, someone was injured. Being as you are in that business, you will be viewed as an expert on rehabbing old bikes who should have noticed the defect. Waivers intended to cover you for negligent acts or omissions, are usually unenforceable.

Given the fact that 'over the handlebar' accidents can cause devastating injuries, the liability could be quite large. If the victim is a kid, juries like laying out huge awards. The victim will remember, and the jury will hold you to, your statement that "she's in good shape". Even if you didn't say it. Rethink this one.

If you want to confirm this, run it by your insurance agent. Pay careful attention to how bad he freaks out. bk

Last edited by bkaapcke; 05-30-07 at 10:07 AM.
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Old 05-30-07, 09:44 AM
  #4  
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Originally Posted by 1ply
I don't think they can sue you as you probably sell the bikes without any warranty 'stated or implied'. Buyer beware.

But in the usa - who knows....
I would be sure to add that part to your receipt, if you don't already do so.
This IS the Land of Litigation!

No receipt is probably better ... "Gee officer, I've never seen this bike before and I don't know the guy who was riding it!"
 
Old 05-30-07, 11:40 AM
  #5  
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start a LLC, it's cheap and easy to setup.
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Old 05-30-07, 12:35 PM
  #6  
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An implied warranty can be expressly disclaimed in a sales contract by the use of specific language, such as the words, "as is" or "with all faults". Such language must be conspicuous in the contract, e.g., in a different kind of print or font that makes it stand out. On the other hand, express warranty, that is, any affirmation of fact or promise to the buyer, or description of the good, oral or written, can be negated or limited only if such disclaimers are not unreasonable. (Uniform Commercial Code, Section 2-316 (1)).


Since you are talking about used bikes that you yourself didn't manufacture I think the above "as is" language would cover you.
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Old 05-30-07, 12:46 PM
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First, I'd seek some attorney advice. Stuff of the Internet is fine, but you get what you paid for.

My suggestions:
1: Put your bike biz in a corporation, so people can't sue you.
2: Get basic commercial liability insurance.
3: Put on all prices, "sold AS IS".
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Old 05-30-07, 01:07 PM
  #8  
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When I was a kid there was an old retired guy who did just this. He fixed up old bikes and resold them. Most of them were department store bikes, but to a kid like me, it was the greatest thing. His "fix it" shop was in an old church and the place was crawling with bikes.

I am pretty certain that nobody was ever injured and i am positive nobody was ever sued. What did happen, was that a lot of kids got bikes who couldn't possibly afford new bikes and everybody was happy at the end of the day.
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Old 05-31-07, 10:26 AM
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Name your business "AS IS USED BIKES" - should take care of the UCC section refered to above.
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Old 05-31-07, 09:48 PM
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The warranty issues involve responsibility (or not) for repairs to the BIKE after sale. Injuries to the BODY will involve issues of negligent repair (remanufacturing) or failure to repair prior to sale. Do you really want to rely on this argument in court; Well gee, hindsight has shown us that the bike was not fit for use in that it was completely unsafe for any rider. However, although I screwed up the repairs, or didn't recognize repairs that were needed, I'm not responsible because the buyer bought it 'as is'. As a juror, you wouldn't buy that line. Why should anyone else?
Insurance is your only dependable protection. Although it may be so expensive that it just isn't worth it. bk

Last edited by bkaapcke; 05-31-07 at 10:19 PM.
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Old 06-01-07, 02:08 AM
  #11  
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I would talk with an attorney before you open your business. 30 years ago this probably wouldn't have been a problem. However, with the sue happy lawyers and the greed and political correctness of society as a whole, anything is possible.
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Old 06-01-07, 11:09 AM
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Groundhawg has it right. bk
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Old 06-01-07, 11:47 AM
  #13  
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Layperson opinion (not legal advice):

If you are performing a repair service prior to selling a bike, then you are representing yourself as a competent mechanic and a buyer would have a reasonable expectation that any work you do on the bike would be done in a safe manner. The buyer might also be reasonably expected to assume that you would have detected and corrected any safety-related defects prior to the sale. Selling the bike "as-is" or with "no representation of suitability", etc. may, or may not stand up in a lawsuit.

In any event, if you are operating as a business, you should act like a business and take appropriate steps to shield yourself from what could be a ruinous lawsuit. Since you are retired, you may not have much opportunity to recover from a large judgment. Liability insurance is a good precaution.

If you were simply selling your old bike, then your homeowners insurance would likely cover any potential liability issues. It most likely does not cover you if you are operating a business.
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Old 06-01-07, 01:27 PM
  #14  
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If the repair you did fails, you may be liable. If the buyer runs head on into a tree looking at chicks in bikinis, don't worry about it. However, Boeing is being sued by the ACLU for selling planes to the CIA who in turn used said planes to torture people. Follow that logic and you could sue Boeing over 9/11 and Ford over 4/20.
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Old 06-01-07, 01:29 PM
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There's no if and or abouts. You can be sued if the person gets injured on a bike you fixed, get liability insurance.

The days of you helping to fix someones bike for free, litigation free is long gone. This is the i'll sue you in 3 seconds world. It's too bad really.
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Old 06-01-07, 02:23 PM
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Yeah, spend a few $ and talk to an attorney. As a neat aside, in Houston there is a non-profit that does exactly what you are looking to do (except for the charging part) called the Third Ward Bike Shop ( http://www.thirdwardbikes.org/ ).
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Old 06-01-07, 02:34 PM
  #17  
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Originally Posted by operator
There's no if and or abouts. You can be sued if the person gets injured on a bike you fixed, get liability insurance.

The days of you helping to fix someones bike for free, litigation free is long gone. This is the i'll sue you in 3 seconds world. It's too bad really.
Remember the issue really isn't can a lawsuit win, it is can one happen. If not insured you are in the already a loser if it even happens.
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Old 06-01-07, 05:12 PM
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Well, what do used car dealerships use as thier 'out' when the cars they sell break & crash?
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Old 06-01-07, 06:06 PM
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Ain't lawyers grand?!
Turned the whole fluckin country into a commonsenseless nanny state.
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Old 06-01-07, 08:44 PM
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You want common sense in this life? Most people don't take that class. bk
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