teacherbill

I have the ability to build grills.........

bkaapcke

So the bike had a 'quickee' checkout by a non-expert. This doesn't relieve Wal Mart of its duty to properly assemble the bike, nor does it erase Wal Marts duty to the buyer (his wife) to deliver a reasonably safe product. Hubbys once over won't change anything. bk

ArBikeGuy

OP -

Still waiting on a phone call from the bicycle company to determine if they finalized looking over the inspector's report and what conclusion they are to come to.
A.) Manufacturer
B.) Assembly


I was reading in my bicycle owner's manual and it says that I (the owner) am responsible in making sure
the bicycle is assembled the way it is shown in the manual's assembly instructions PRIOR to the first ride.
So if I (the owner) have no idea how to put a bicycle together go and pick up this manual and read it - does that mean I can actually tell if the bicycle is assembled correctly per the manuals instructions?
So I should go by the manual and my eyes versus the assember at the X-Marts?

Which is worse:
No one knowing how to put a bike together and "verifying" a pre-assembled bike is okay to ride with a manual OR trusting a X-Mart employee to put one together right?

mark9950

It may be safe and rideable at the time of purchase,but once it leaves the store you are on your own,except for a warrantee.Like a car if you dont change your oil and your engines freezes,its not a defective engine.When are the liberals going to start taking some responsibilities and stop blaming corporations for mishaps from their lack of responsibility.

CrimsonKarter21

Am I insane here? You're 100% at fault!
I work in an LBS all day where people either;
a.) Bring in Wahmah bikes to be fixxed and I suggest a real bike for their benefit
b.) Want to know the difference between a real bike and a Wahmah bike
c.) Have me fix their bikes

Those bikes are the pits. The shifting is impossible to get right, the brakes can be adjusted, but the calipers are too weak to stop, especially with a non-machined braking surface, and come out of adjustment within a few days.
Jesus, if one receives a bike like this from someone, then that should be taken as an insult. These bikes aren't bikes, they're liabilities. I see so many failures of bikes on a weekly basis, I pity whoever rides them.

By my analysis, the OP sounds like a money-monger who's looking to jump on the "sue Wahmah" bandwagon because he's a clueless dolt.

Harsh but true. Try and argue that.

Catweazle

Harsh, inaccurate and unnecessary, I'd have thought.

Given, of course, that the OP said from the outset that his wife purchased the bike against his advice!

ArBikeGuy

So what is your point - I am at fault why? Because I bought a bicycle from Walmart I am at fault?

Siu Blue Wind

No, you are not at fault either way, don't let it upset you. People buy the bike there trusting it was put together by certain standards.

I remember going to Kmart and seeing a sign there saying assembly is an additional charge. I don't remember if they do that at WalMart but if there IS an additional charge, then you paid them to put it together, PROPERLY and the responsibility is on them to do so.

ad6mj

I must be weird; I do a quick safety check (brakes work, handle bars/stem secure, QR's tight, tires properly inflated) before every ride on every bicycle regardless of where it was bought. Walmart may very well be PART to blame, but riders also have responsibility for their own safety. To the OP, I wish your wife a speedy recovery. I hope you, your wife and others can learn from this the importance of a pre-ride safety check. Bicycles are not like refrigerators or even cars. If your frig quits working your food goes bad. Car with a safety problem worse but you have a steel cage around you and maintenance intervals on a car are MUCH longer than on a bicycle. On a bicycle there's not much between your butt and the road.

Siu Blue Wind

Think about a single mom who is uneducated who knows nothing mechanical and has no man around to help her. Because of the demographics she is in, there is nobody in her circle of friends that has the know how regarding fixing/building/checking on a bike. She buys a cheap bike to make her kid happy and pays a little extra to have the store build it up for her because she knows nothing about it. Call her stupid if you may, but I believe she paid for a service - and should get it.

deraltekluge

Extra itemized charge or not, you pay them to put it together. In any case, there's an

implied warranty

A guarantee about the quality of goods or services purchased that is not written down or explicitly spoken. Virtually everything you buy comes with two implied warranties. One for "merchantability" and one for "fitness." The implied warranty of merchantability is an assurance that a new item will work for its specified purpose. The item doesn't have to work wonderfully, and if you use it for something it wasn't designed for, say trimming shrubs with an electric carving knife, the warranty doesn't apply. The implied warranty of fitness applies when you buy an item for a specific purpose. If you notified the seller of your specific needs, the item is guaranteed to meet them. For example, if you buy new tires for your bicycle after telling the store clerk that you plan to use them for mountain cycling and the tires puncture when you pass over a small rock, the tires don't conform to the warranty of fitness.

However, if the buyer goes ahead and uses an item that a reasonable person would notice to be defective, the buyer bears some responsibility for any damage, wouldn't you think?

Catweazle

Thass DEFINITELY what he said, yes!

Bizarre, isn't it? Of course it's their fault. They sold the s.h.i.t. bike, not you!

Of course, that doesn't really help your wife's pocket any, on account of that sneaky little bit they slipped into the manual where it said your wife was supposed to make sure the bike was adjusted up proper before she jumped on it. But the protection they get from the legal drongos can't make their conscience all clean. Being sneaky wasn't particularly admirable of them.

Alathea

" Put me out of a job, PLEASE" That's great! :-) Sounds like TQM in the 80's. That is a great point, though, about the rear gears costing more than a bike.

ad6mj

And regardless of the manufacturer or who assembled the bike, eventually, it will become unsafe. Getting on any bike without a quick pre-ride safety check is inviting trouble. Bicycles are not toys, if reasonable care is not used you can get seriously injured.

bkaapcke

ArtBikeGuy, as a former lawyer, I'm telling you, go talk this over with a lawyer. There's a lot of wishful thinking going on in this thread by people who don't believe in taking legal action. A lot of their 'reasons' for you not having a claim are BOGUS. bk

Bikepacker67

Found God, eh?

chephy

Oh, yeah, but they can afford to throw out a hundred bucks on a bike that will just rust in their garage (where the two family cars sit too... what did you say again about "can't afford"?)

No, the reason is that people think of bikes as toys and believe toys should be cheap. Well, they get what they pay for. Make-belief bikes! Look just like the real thing!

mark9950

Either way whether they buy a giant or a bike from wal-mart the bike is going in the garage never to be ridden again,the only difference is they saved money from buying at wal-mart,how do I now this?look at americas obesity rates.

Catweazle

Wrong, chephy.

The reason really IS that people are trying to save outlaying the limited amount of bucks they have to outlay. And those people with a limited amount of bucks and trying to cope in a world which tells them that they're inferior unless they have lots of "stuff" are often and easily understandably operating from the naive assumption that "bikes are bikes", and do not think of the WalMart bikes as "toys" at all!

ArBikeGuy

Original Poster Here -

For you guys that missed it - my wife did ride around for about 5-10 minutes BEFORE going up the hill
and did not seem to "sense" anything wrong with the bicycle - riding on level ground.
The brakes may have not been bad enough to notice that they would not work when going down a hill.

I don't know for sure - I wasn't on the bike or with her when it happened.

Now I understand she doesn't know what to look for in a "pre-check" on the bike. From now on - if/when she gets on another bike she will do thorough checks - and it will be on a bike from an LBS shop.
She will be more informed and well informed next time.

But again you should expect a bicycle to perform almost flawlessly the first 5 times you ride it IF it is a quality bike AND it was put together correctly. I sense that one or both of these important things did not occur.

nymtber

hmm

I could have bought my girlfriend (note: NOT married engaged or anything, in fact at the time we had only been together 4-5 months) a $100-$150 bike from walmart or target, re-built it and it would have WORKED for her, she would have been happy. But I respect good bikes, so I went to a bike shop, layed down $320 (a weeks paycheck) and bought her a GOOD Trek that had been built and adjusted by REAL bike mechanics. Has she had any problems? nope. and I know we have hit 30mph going downhill, her brakes worked. I did adjust the brakes just two weeks ago, front brake shoe was tilted and only hitting 50% of the rim (wore loose? wasnt like that when I bought it). I do need to get her to bring it over someday so I can spend a few hours and go through things and make sure shes good to go for the rest of the year...

Sorry about your wife, but maybe next time youll buy her a better bike. Heck at least Dicks Sporting goods has semi-ok bike assembly...I could probably put a bike together better (not faster) than they can though, but ive had my bike down to bare frame and pile of parts

bkaapcke

It's amazing how well people can talk themselves into ignoring the "you get what you pay for" rule when they want something but aren't prepared to pay for it. My ride buddies had a real hard time getting past Wal-Mart and Target bikes. Their standard excuse was; I can buy 4 of these for one of your bike shop bikes, and the 4 will last longer than the one.

Well, no they won't, and they'll be a pain in the butt the whole time. One is starting his 3d trouble free season on a Trek 7200, the other is going on 2 seasons with a Trek 7500. bk

Thepurplem0nkey

ArtBikeGuy, I logged this late just to post this: My father is a lawyer and a judge and I am involved in legal code interpretations for the state - FOR GODS SAKE, HIRE A LAWYER TONIGHT/THIS SECOND! Sorry for the caps if you have already done this but I can't stress enough how important it is to seek legal counsel. Believe me: no one involved will want to take blame for this...they will drag it out as long as they can....they will jerk you around for as long as they can. Get a lawyer and the companies involved will know you mean business; they will HAVE to take you seriously. Please my friend...if you haven't already....hire one. You aren't dealing with people with good human natures, you are dealing with corporate entities. If you aren't lawyered up, you are a bug to be squashed.
Best wishes for your wife,
TPM

belfast-biker

I'd argue that you can get perfectly excellent and equal protection from a pair costing substantially less than $200. Although I bought £60 Animal shades coz I liked the look of 'em, pure and simple.




But very best of luck to you and your wife Sir - stick it to the man!

ArBikeGuy

OP Here -

Update:

EDIT:

I had to edit this post cause I was typing too fast and in a hurry. But I am here to tell you that I just talked to Wal-Mart CMI division (Claims Management Inc) and they said that they are taking the claim from PacificCycle - and that there was found in the inspection an assembly problem - that the bicycle was NOT assembled correctly...and since they (Wal-Mart) assembled the bike they are responsible for the accident.

Now they are sending me a form to give them authorization to obtain all the medical bills and when my wife is completely cleared and recovered then a settlement will be discussed.

Now I am still keeping my bases covered and keeping records of all the billing and co-pay to the doctors and lost wages and time - pain and suffering - everything that was out of pocket because of this.

I thank God for this ! Wal-Mart admitting fault was the biggest hurdle I was facing and that hurdle has now passed so I can now focus on helping my wife more with her therapy to get her arm back to 100% if possible.

I will update or answer questions as needed - thanks everyone !