commuter33

I agree with the above poster that if you buy something assembled from a store you expect it to work. Otherwise they should just sell you a bike still in the box and leave the assembly up to you. To me that makes them responsible. When things come preassembled you expect them to work.

Granted, the OP seems to know a thing or 2 about bikes and SHOULD have inspected it a little further. But what if some Joe Shmoe off the street knows nothing about bikes and knows nothing about shoddy assembly of bikes by walmart employees, buys a bike and doesn't know any better and gets killed because of malfunction of the product he bought assembled. Who's at fault? Obviously Wal-Mart.

I admit that I didn't know Wal-mart employees actually assembled the bikes at the store. I thought they just shipped them assembled from the manufacturer. How is someone suppose to know unless you know a lot about bikes or you do research on the subject matter?

Wal-Mart sells furniture un-assembled. If you take it home and build it yourself and it falls apart, obviously that's your own fault. But since they assembled it, it should be in working order or they shouldn't bother putting it together at all. They are responsible.

mandovoodoo

Walmart has a duty to see that the bikes they assemble work safely under all reasonable conditions likely to be encountered. Within a reasonably short period of time, brake failure seems to breach this duty.

The manufacturer of the bike has a duty to not put out a defective product. Should the brakes provided prove inadequate for any reasonable condition encountered because of design, they have breached this duty.

The user has a duty to read warnings and abide by them, should they be conspicuous and not unreasonable.

Here I read that the brakes worked until a steeper, longer hill was encountered, then they failed to stop the bike.

I can't see why there isn't a case here.

Generally one approaches a firm like Walmart in a formal manner. An attorney doesn't cost that much. Do watch talking to the medical insurer too soon. Let them ask. Otherwise they may decide that the usual group discount isn't appropriate and start ticking off full charges on the medical expenses, which can reduce your award. Generally a polite, hard, fast, well-documented hit gets the quickest results.

becnal

So you rode the bike around for a few minutes ot test it out, and you didn't notice the brakes weren't working?

And then your wife walks it up a hill without testing to see if the brakes work? Well, I'm sympathise with your wife's pain, but this whole scenario was incredibly avoidable.

If I had done this, I would say it was stupidity. If someone I know had done this, I would say it is stupidity. But as you're a stranger, I won't say it was stupidity because that would be rude.

intrepidbiker

Contact a lawyer. The worst thing they can say is "no". There may be a class-action suit against them already, you never know.

However, I don't think you'll get much out of this monetarily. If you're lucky, you might get your medical costs reimbursed. This is also something that might not be settled for years and will most certainly be appealed if WalMart loses heavily.

Personally? I hope you win. It might give WalMart and other department stores some incentive to stop selling crappy bikes.

Hobartlemagne 

My guess is that the brake cable bolts weren't tight enough. They worked ok to start with but with use, the cables gradually slid out.

Wal-mart sure could save a lot of money on lawyers and labor if they would just sell bikes unassembled.

A little note I learned in B-school about WM: They NEVER settle out of court.

Febs

The "reasonable doubt" standard is generally not applicable in civil lawsuits such as negligence and products liability actions.

vettefrc2000

You need to get an attorney. Years ago I worked for a "retail assembly" company. Our handbooks covered this type of situation. The point being, the "company" is already developing their strategy. You have a reasonable expectation to buy a bike in full working order.

toofastgt

The brake anchor bolt is a very torque sensitive bolt and if too much torque is used since it has a hole through
it it can snap and if too little torque is used it will allow the cable to slip and usually it will be in an emergency
type situation!! I am sure they x mart goon probably had one snap before and now he doesn't put too much
force on them and all bike mechanics should be using a torque wrench to assemble the safety dependent
parts of bikes!! Brake bolts, crank bolts, axle bolts etc.

dynodonn 

Sorry to hear about the wife ArBike Guy, I'm just fortunate that all that my wife didn't experience any mishaps of that nature with all of the Wally bikes she purchased and rode, and I hope your wife doesn't stop riding a bicycle permanently because of this incident.
Regardless of where our bikes were purchased, I will every so often take one of my family member's bike to work, check out it's riding characteristics, and making sure there are no mechanical problems.

ArBikeGuy

Thanks for the replies - good and bad.

Just a reply to some posts to clear things up since everyone reads words differently.

When I tested the bike - it was for about 1 minute and in front of my house. I was just amking sure nothing fell off and going at slow speeds the bicycle brakes DID work to stop me. I never went
up or down a hill during this short test - and it the week following my wife NEVER went up or down a hill...she just rode with her 9 year old daughter on level ground. Now granted I was not with her on most of her bike rides ( about 5-6 short rides ).

And for checking the bike over throughly I can can only say this -
If I bought a new car I would not run over to a certified mechanic to have him check over everthing.
If I bought a new refrigerator I would pay a guy to come make sure that the ice maker is working properly.
If I bought a new bicycle - I expect certain things to work - like the brakes - for a little while before
needing to check on them.

I am just lucky I didn't adjust the brakes because if I did - and this still happened - then the blame would fall on me.

I am not looking for a big money suit out of this - my wife is hurting really bad and it breaks my heart how her life has changed because of this - BUT if the bike was sold to me assembled incorrectly and can be proven - I will expect the right people to take responsibility for it.

My question is just with the right people (that put the bike together IMO) should come forward and do whats right. Will that happen - I don't know. And if I was in it for the money I would have already gotten an attorney.

Again thanks guys for giving your opinions.

ATAC49er

Along with others who have said so, I'm sorry to hear about this -- I hope your wife heals quickly.

I build for W-M, as well, likely the only store in the region that has a properly assembled BSO. My co-worker and I have been battling for some standards for years. We were recently told that sfety issues we observed with bikes was "our opinion" -- never mind that we are both pro-level mechanics, with a combined history of over 25,000 bikes built or repaired! (Yes, i said 'pro' -- I turned down a pro race team a few years back -- 8 months away from my baby girl, no more money than what I was making, and no job security? Pass. My co-worker received certified pro training as a subcontractor before we started to work together. We know bikes better than most people know their mirror reflections.)

The overwhelming majority of stores have ill-trained and non-dedicated chumps doing the job, and there is constant pressure from many managers to make a 'quota'. That's just the way it is, really.

Now, don't take this personally, I'm not referring to you; but most people who buy a bike from W-M are expecting Lance's ride for $80. I've spent the last year trying to convince the shoppers in my area that: a.)training wheels do NOT both ride the ground at the same time, how's the child supposed to learn to balance?; and b.)$80 is NOT a lot of money to spend on a bike! My frickin' rear derailleur costs more than that! For god's sake, people -- go to the LBS! Put me out of a job -- I DARE you!

OK, enough rant; I really wish you would have snuck the bike back to W-M, gotten a refund, and used the cash as a down payment on a good bike. But, too late now. Sorry.

mark9950

They do order it online.

I should have inspected my trek before I bought it.

Esteban32696

I am not an expert bike mechanic, but I do repair bikes for local people, or for resell, in the small town I live in. I could not tell you the number of bikes , from WM, that I have worked on. Most were just barely put together with MANY loose screws, etc. A former WM assembler told me that he HAD to put together 4 bikes, no matter what type, per hour. We all know that is impossible to do, correctly. I , once, worked on a bike that the owner had fallen from & injured her elbow, arm, & face. It could have been much worse. The handlebars were loose, stem-loose, seat-loose, seatpost-loose, both brake cables - loose, derailler needed adjusting, & rims were badly out of round. I worked over an hour on that bike, [ Roadmaster ] & it was still a piece of junk when I was finished.
I know of a Target store that has an old man who assembles their bikes. While Target is not like a true bike shop, he does a good job, & I recommend that store if someone insists on an inexpensive bike.
I remember buying bikes in the 1960's [ minimum wage was $1.25/hr. then ] that cost $50-$100, so how can anyone expect to get a decent bike for that, now. Overall, " You get what you pay for !"

wahoonc

Hasn't happened so far...the bikes they are selling today are even crappier than the ones they sold just a few years ago...Race to the Bottom

Aaron

ArBikeGuy

Hey again guys - OP

Seems like there is a few laws suits already on Wal-Mart for the RoadMaster bicycles.
Hindsight is a mofo I guess.

I read online about since a 2006 lawsuit that Wal-Mart is supposed to contract out
bicycle assembly but I called the Wal-Mart where my wife got her bike and the guy
on the phone said they has an associate who assembles the bicycles there.

Anyone know about this contracting out to assemble bicycles at Wal-Mart?

Siu Blue Wind

Walmart hires people to work in the cycling department. They can be sales staff, those who assemble the bikes -- all the same. When someone applies for the job, they can have an interest in bikes or can have a vast knowledge of cycling. It doesn't matter. They hire a BODY. They get paid per hour, and sometimes as a bonus when the sales go up they pay them a little bit more "per bike". These people slap them together according to assembly instructions. This is mainly putting on the front wheel, the saddle, straightening tightening the bars, and putting on the pedals. There is pretty much no testing of the bike in terms of riding it. They squeeze the brakes to make sure they grip, they hit on the saddle to make sure it doesn't go down and they roll it back and forth a bit. Off to the rack it goes.

An experienced and trained LBS will take a minimum of an hour + to build one up but it takes a quick assembly of one at WalMart 15 mins tops.

I know this because my girlfriend who doesn't even know how to ride a bike did this as her job for a couple of months.

dynodonn 

I find this very foreign, it must be that my area is bicycle orientated, since I have yet to meet an adult, here locally, that has never ridden a bicycle.

Siu Blue Wind

She has a fear of riding bikes for as a child she fell hard while trying to learn.

mark9950

The reason is most people cant afford an expensive raleigh,cannondale or any of those overpriced bikes.

InTheTrenches

WRONG. Most people chose to spend their money on other things. When a customer drops off a WM bike, they don't unload it from the front of the city bus. It comes out of the back of their SUV. Spend a day in the WalMart parking lot. How many people show up via public transport? Compared to the number that show up in a decent car?

And while you are counting cars write an essay on overpriced bikes. I would like to see your logic system, that rates a bike as overpriced. That you beleive the bike to be overpriced is insufficient.

Siu Blue Wind

I believe there is very little profit on selling a bike.

deraltekluge

"Reasonable doubt" applies in criminal cases. In civil cases like this, the standard is "preponderance of evidence".

In criminal cases, it's the government v. the individual, and the government is supposed to be held to a higher standard of proof. In a civil case, the two parties are considered to be equals, and are to be held to the same standard.

dynodonn 

As I've learned, most people do not consider a bicycle as a viable means of transportation, hence the difference in what they are willing to pay for a motor vehicle versus a bicycle.

wahoonc

But they will stand in line and fight over $29.95 DVD players at Christmas time, put themselves in debt to the hilt to drive a fancy car...just what is an overpriced bike? I think the ones at Walmart are grossly over priced ... for scrap metal!


Bingo! As a general rule people in the US have a warped sense of values (IMHO). I was taught at an early age by my great uncle to live below my means and not to worry about what other people think or have. When I buy a product I look at the overall value, not just the price. I am also one of those strange people that doesn't have to keep up with the Joneses, and am better off for it.

Aaron

ArBikeGuy

OP again -

I do know Wal-Mart bikes are cheap and that there are better quality bikes out there.
Now I did talk to my wife about getting a X-Mart bike before she bought her's and this is what
she (and probably most people) said about getting a more expensive bicycle:

"I am just going to ride around the neighborhood and not do anything major on it. I don't
need an expensive bicycle to ride around with my daughter. Also I may not like riding a bicycle to help lose weight." - more or less is that statement made.

I couldn't argue much with that. Why spend $200+ on a bicycle that your going to ride for 10 minutes
around your neighborhood to try and get in shape? The obvious is now staring me in the face...that cheap things do not have the standards as higher standard/priced items.

But we also have to remember we are in a disposable/cheap/fast world. We want it now now now and pay for it later. If we buy a $20 coffee maker and it quits after 2 weeks - so what - it was only $20. That is our mentality now...I only spend a little on it so it it breaks I will get another one.

It's just like the sunglass arguement I have with my wife. I have owned a pair of $200 Maui Jim sunglasses - one of the best brands out there. But when I tell people I spent $200 they say "Why did you spend that much - I can get some for $20". Because how much is your eyes worth to you? $20 sunglasses don't protect your eyes like the $200 ones like Maui Jim's and Oakleys.
But can I get another $200 pair I ask my wife - No she says cause they are too expensive. So I have $20 sunglasses now.

Craziness...