gtd

You didn't say in which state you live, but why don't you call this guy:

https://www.bicyclelawyer.com/

Maybe he can point you in the right direction.

gtd

"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."

WRONG.

You should expect a bike purchased from a nationwide retailer such as Wal-Mart TO BE A QUALITY PRODUCT THAT WILL NOT FAIL AND HURT YOU.

They have no business selling you dangerous things, whether it's clothing, toys, vehicles, whatever.

gtd

----------------------------
Perfect! I am a lawyer, and this is how it usually plays out. You've done good. Just negotiate on the settlement to make sure your wife gets something for her suffering. Get a lawyer if you're not satisfied.

But don't beat yourself up, and don't let the guys on the forum do it either. You did everything correctly.

Some time ago, I bought a nice Specialized (that is, name brand) road bike from a quality LBS that refused to work on department store bikes. For several years, I thought I was too old to ride a bike. I kept weaving like a drunk.

Over the years, I learned the bike had these defects:

- Rear wheel true, but not dished (like a car out of alignment), so it forced me to steer to the right;
- Front wheel had a separation at the seam, so braking was very rough;
- Gears not adjusted properly, so only this past three months (I've owned it 12 years) has it shifted flawlessly.
- There were some others that I've forgotten over the years.

In high school I worked as a mechanic at a quality LBS, and I was pretty good. I'm still pretty good 30 years later. Yet I trusted the LBS, and didn't spot the problems. The good mechanics at the LBS, and they were good, made some assumptions as well and didn't spot the problems. So just imagine what an inexperienced assembler at a department store will or will not find.

Your wife was a victim of Wal-Mart's "low price guarantee". Pacific-made bikes can be OK, but the assembly surely is lacking much of the time. You won't know it unless you have experience maintaining bicycles.

Wal-Mart is at fault, and as far as I can tell you did everything just right. And so did your wife. Just make sure you settle for enough to buy a nice new bike and all the accoutrements from a very good LBS!

ArBikeGuy

Thanks for the response. Since you have a good insight on these kinds of things I was wondering something. If my wife get's 100% of her arm back - which I hope - how do you figure pain and suffering?

Second scenario - what if my wife doesn't get 100% of her arm back - what then?
My father is helping out with this (he's a claims manager for an insurance company) but I don't know how
to calculate things like "pain and suffering" or "90% mobility".

I am not looking to get rich - just looking not to get short changed.

wiggles

I would say that you should see a lawyer, and also contact your medical insurance company. Walmart is afraid of a lawsuit, or else they wouldn't have sent an investigator at all - which means they believe you have standing to press a suit.

Not to mention there is a history of lawsuits against walmart for this very issue.

When Mcdonalds had a history of lawsuits for endangering its customers with coffee served at boiling temperatures and customer related burns, eventually the justice department got tired of seeing the same injuries over and over and awarded a plaintiff a multimillion dollar settlement.

Just saying, press it if you can. They shouldn't be selling things that aren't assembled correctly and advertising them as safe. What if it was a 5 year old who saved up his cash to get a shiny bike? Would *he* be expected to know to check the brakes, true the wheels, etc, before riding? Before he can even read? They're endangering people because people don't know.

My best wishes towards your wife, and I hope she has a speedy recovery.

Tell her that scars are sexy, it'll make her smile

I-Like-To-Bike

Maybe I can get "the justice department " to award me a few bucks because I get tired of reading wacky and/or conjured legal "stuff" on BF.

wiggles

That was from the local District Attorney when I was getting my B.A. in Criminal Justice, he was one of our professors. We were asking about frivolous lawsuits and someone in the class cited how McDonald's got sued for a "stupid woman dropping hot coffee on herself."

Turns out they had been warned numerous time by government agencies because they kept their coffee at nigh boiling temperatures without warnings, serving it to people who expected to be able to drink it immediately. The woman herself had coffee hot enough to cause second and third degree burns to her thighs, lower abdomen, and genitals. This was coffee which was supposedly safe to drink. Her award would have been small except the attorney involved showed that there was a pattern of negligence on McDonald's part in continuing this practice. So, the multimillion settlement was awarded - almost all punitive. That got McDonalds to change their policies.

Thats not conjured, thats fact. Feel free to contact District Attorney John P. Morganelli of Northampton County Pennsylvania if you'd rather hear it from the horse's mouth, or any other prosecutor - heck, even wikipedia has a good article, just look up Liebeck v. Mcdonalds. However, I doubt you will, because its easier to sling accusations that I'm coming up with stuff than to actually take time to verify it.

ANYWAYS, my point was that if they're selling a product which is perceived as safe for immediate use which has caused numerous injuries, the courts have shown a tendency to award punitive damages. From my experience, and what I've seen, a LOT of people have gotten injured by "ready to ride" walmart bikes.

Thepurplem0nkey

ArBikeGuy: I'm very glad to hear Walmart seems ready to accommodate you. However, thequestions that you have about pain and suffering are exactly why you need a lawyer. Pain and suffering could be ongoing (I am NOT a lawyer, this is just from personal experience). For example my fiance's sister got into a car wreck last year; some drunk guy plowed into her truck while she was turning, and she wrapped around a pole. Physically, she was OK. But mentally? She was petrified of getting into cars and had nightmares for months afterwards. Your wife has had precious time taken away from her that she can never get back; time she could have spent with her daughter, and time she will NEVER get back. She's suffered physical pain and, I'd imagine, mental pain by almost being killed by shoddy Walmart products. Sit down with an attorney; they will be able to spell out exactly what all of this stuff means, how it pertains to you, and they will make sure you aren't screwed out of monetary rewards you may be entitled to. Despite most stereotypes, most attorneys I know are very nice people, and most will sit down and explain everything to you without charging you a dime or pandering for your business. It's NOT about being a money grubber...I understand that and applaud you for not being that way. But lawyers deal with these things all the time and they know more about what your wife can expect (and what she is entitled to) than you can...and Walmart might be getting a better deal by just dealing with you (and possibly short changing you) than dealing with an experienced lawyer who knows what they are required to pay you and what pain and suffering your wife may expect in the future. Kind of tying into that, when I got intoa car accident a few years back, I felt FINE for the first day or two....then my back began killing me, so much so that I had to take off work for two weeks. Think of it this way: If your father in law was a nurse, would you rely on him for medical information to treat your wife if she was suffering from an unknown disease? Or would you seek the professional services of a doctor who has years of experience and training? Even retaining the services of a lawyer strictly for evaluating pain and suffering would be advisable. Sorry for beating a dead horse on this....i just hate seeing good folks being taken advantage of because they don't want to "stir the waters" with a lawyer.
-TPM

zonatandem

W-Mart ain't the only place where you have 'expert assemblers'!
This tandem from Sears . . . note stoker handlebars how they are mounted . . . yikes!
Buyer Beware!