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$200-Million (CDN) Class action Lawsuit against major lock companies launched.

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$200-Million (CDN) Class action Lawsuit against major lock companies launched.

Old 09-23-04, 01:59 PM
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$200-Million (CDN) Class action Lawsuit against major lock companies launched.

I wonder if the lawsuit is still valid given the recent newsrelease by Kryptonite. While my bike is near and dear, I don't think that this is the answer when the manufacturer does finally come around. I think this will just make things worse and could potentially put them out of business (it seems rather extreme to me).


$200-million lawsuit launched over bike locks

CURTIS RUSH
STAFF REPORTER THESTAR.COM

Last week, someone showed a vast Internet audience how to pick a bicycle U-lock with a Bic pen and word spread like wildfire across North America.

Now, a Toronto man wants the manufacturers to pay.

Lawyer Louis Sokolov told thestar.com today that he is acting for bicycle enthusiast William Beattie, the single representative plaintiff, in a $200-million class action lawsuit over the faulty locks.

Beattie will be the representative plaintiff for a number of other plaintiffs.

In the next few weeks, a notice will go out to potential plaintiffs, suggesting they contact the law firm Sack Goldblatt Mitchell to be registered in the lawsuit.

The $200 million is "an arbitrary number because at this point we don't know how many people have been affected," Sokolov said.

The lawsuit was filed Monday in Ontario Superior Court against all the major lock manufacturers, Sokolov said.

Consumers across Canada and around the world learned last week that many U-locks with cylindrical key mechanisms can easily be defeated with the simple twist of a Bic pen, the law firm said today in a news release.

The story broke in the mainstream press years after the faulty lock was reported in a trade publication.

Sokolov said "a competent company should have been reading the trade publications."

Sean Dewart, one of the lawyers who launched the class action, said in a news release that "although the defect was reported in a specialized trade magazine more than a decade ago, a number of manufacturers, including Kryptonite, continued to market this type of lock as the gold standard."

"Many of the locks are now nothing more than expensive scrap metal and many bicycle owners are in jeopardy of having their bikes easily stolen," Dewart added. "The recall being offered by one single manufacturer to exchange locks beginning in mid-October is completely inadequate. Bicycle owners need reliable locks now, not weeks or months from now. The lawsuit has been commenced to provide meaningful recourse for thousands of consumers"

A detailed statement of claim will be filed within the next 30 days, the firm said.

Sokolov, a co-counsel with Sack Goldblatt Mitchell, said today that Beattie, who works in the film industry and is a bike enthusiast, approached the law firm about launching the suit.

Sokolov said in an interview that "what occurred to many people was that the lock that they put their trust in for many years was all of a sudden useless and as of last Thursday or Friday when this story broke, the $50 or $100 that people had spent on a Kryptonite lock was no longer money well spent."

The lawsuit is seeking to compensate people who, for safety concerns, have to buy a new lock or use other modes of transportation if bike locks are sold out. There are also thousands of people who have their bikes stolen, Sokolov said, "although it's obviously difficult to prove."

He called it a straight-forward product liability case.

Kryptonite and other lock manufacturers were preparing statements in response to queries from thestar.com.

"The people who bought that product deserve to be compensated," Sokolov said. "But we don't know how many people out there have been affected. We assume it's tens of thousands if not hundreds of thousands."

Not only was Kryptonite named in the lawsuit, but other manufacturers as well, including Norco and Bike Guard. The distributors were also named. Sokolov said the suit will also be adding a number of major bicycle retailers as well.

The lawsuit could take several months to be settled.
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Old 09-23-04, 02:07 PM
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It's a moot point Kryptonite is exchanging ALL of their tubular style locks - without the threat of the Lawsuits.
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Old 09-23-04, 02:10 PM
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Depends. Given the lawsuit was launched prior to the announcement (lawsuit filed on the 20th while the announcement came out on the 22nd) and the indication that Kryptonite and others knew about this for years may suggest a liability of some type. It will be interesting to see however. Class action lawsuits of any size are rare in Canada (at least in my experience) and are more common in the US.
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Old 09-23-04, 02:15 PM
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Damn lawyers. It's not like we'll get anything real out of this.
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Old 09-23-04, 02:27 PM
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Of course not. Freakin' lawyers. I'm tired of them taking advantage of what they see to be a potential for them to feed their greedy asses some money.

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Old 09-23-04, 02:46 PM
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i hate lawyers, businessmen, and politicians
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Old 09-23-04, 02:54 PM
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In order to be a plaintif, wouldn't you have to prove that the lock you own could be picked in this fashion? I got pretty good at it using the locks in the shop but not every one will open with this method.
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Old 09-23-04, 03:21 PM
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THE LAWSUIT is not against kryptonite in particular and is still relevant considering that information about the 'lockbiccing' has been around for 12 years.
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Old 09-23-04, 03:38 PM
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John Edwards will not become our next VP. I believe that a good majority of attorneys are sleaze.

George
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Old 09-23-04, 04:05 PM
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Kryptonite deserves it, if in fact they actually win. Selling people faulty locks and charging and arm and a leg for it. They can shove that up thier a$$.
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Old 09-23-04, 05:26 PM
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Mr. Jim Croce,

I know in your heart you really don't mean that.
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Old 09-23-04, 05:34 PM
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Hmm I'm leaning towards Kryptonite's side here.

I'm sure many other locks may have very simple ways to be defeated, but the fact that people don't know about it is reason enough to keep doing what you're doing. I think its unreasonable to expect lock companies to change their locks everytime they discover an easy way to defeat them. Now if many thieves were aware of this problem, then I would expect the company to do something. The fact that many of us use higher end Kryptonite products with success is enough for me (I rarely hear of the top end products being defeated), especially when they have insurance coverage anyway.

And furthermore, who's suing all the other lock companies?
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Old 09-23-04, 06:11 PM
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Ah... yeah shoulda read better. Against "major lock companies". haha my bad. Soooooo noob
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Old 09-23-04, 06:19 PM
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Too many lawyers, not enough things to sue about. Were be it these folks actually had to work for a living, as opposed to feeding off the carcasses of society.
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Old 09-23-04, 10:54 PM
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Originally Posted by The Fixer
John Edwards will not become our next VP. I believe that a good majority of attorneys are sleaze.

George
Why did you have to bring politics into this? Man there's a whole section for this crap.
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Old 09-24-04, 12:00 AM
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Originally Posted by Raiyn
Why did you have to bring politics into this? Man there's a whole section for this crap.
Sorry..
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Old 09-24-04, 07:44 AM
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This particular flaw was known 10 years ago yet Kryptonite decided to keep manufacturing locks like this. They can rot in hell.
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Old 09-24-04, 08:33 AM
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Q: What's the difference between a lawyer and a catfish?

A: One is scum sucking bottom feeder and one is a fish.
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Old 09-24-04, 08:48 AM
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Originally Posted by koffee brown
Of course not. Freakin' lawyers. I'm tired of them taking advantage of what they see to be a potential for them to feed their greedy asses some money.

Koffee
Koffee, you're being to polite. My words for lawyers aren't
printable here.
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Old 09-24-04, 09:32 AM
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When someone picks or cuts a lock and steals a bike, the guilty party is the thief, not the lock manufacturer. For generations, locksmiths and lock pickers have played a game of steady escalation, which continually develops the skills and technology of both. Whenever I am concerned about security at my destination, I ride my beat up old Peugeot UO-8, rather than relying on ANY lock system.
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Old 09-24-04, 01:40 PM
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Given that all locks are pickable I think the strength of the suit will lay in the lock companies knowing that the circular keyed lock was more easily pickable that most and yet still selling it at a premium as better than typical locks. In other words, a knowingly fraudulent misrepresentation of the facts.
The theft insurance that comes with these locks will also be a telling point as it requires evidence of cutting or breaking of the lock. It will be argued that the exclusion of picking the lock from the insurance as evidence of knowlege of the ease of picking such locks.
What lock companies do after they are caught selling defective locks at premium prices on fraudulent claims in no way absolves them of what they did before being exposed.

Cant such as this is the stuff of jurist's wet dreams.
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Old 09-24-04, 01:45 PM
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Originally Posted by Raiyn
Damn lawyers. It's not like we'll get anything real out of this.

Of course no one will see a penny of any settlement. It will all go to the lawyers.
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Old 09-24-04, 04:24 PM
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Kryptonite is not doing the right thing. I paid good money for a lock that is now totally useless. I do not believe that I should be forced to exchange my lock for another Kryptonite "new and improved" lock. I want my money back and understand that the law requires it. I, for one, am going to wait for a refund of some kind and if the attorneys get some money for requiring the company to do what is right, then hats off to them. In addition, Kryptonite will be forced to pay the attorneys' fees when they win.
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Old 09-24-04, 04:45 PM
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If Kryptomite stands by their products and exchanges my lock for one of the same quality but with the flawed lock type gone, I will not partake in any suit. I want a reasonably secure lock that is all. If I get a reasonably secure lock then it's all gravy.
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Old 09-24-04, 04:48 PM
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Everybody bumraps lawyers until they need one, then they want the hungriest shark thay can find.

If it wasn't for lawyers and lawsuits we'd still have exploding Pintos and various other unsafe contraptions around. Personally I think guards on tools and machinery are good things. I like the fact that construction is much safer work than it was when I was a kid. That's because of lawyers and lawsuits.

Lawyers and are the best protection we have against unsafe products and products that won't work as claimed.
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