Any lawyers here?
 

Just wondering if there are any lawyers on line who could help with some advice...
I recently rented a bike to train while traveling. Things went badly (see my post on 'rear derailluer explosion'). In short from this foruum it seems most likely that the problem came from equipment mis-alignment.
The rental waiver I signed says "... I also give XXX permission to charge me the full retail value for any loss or damage to the bikes and/or accessories while in my possession and also a cleaning charge if the bikes are returned dirty....."

This would make it seem that I am screwed, but if it was not mechanically sound then this doesn't seem right.
Any input would be appreciated as I have to deal with the shop soon.
Thanks!

***NOT A LAWYER***

But I will give my opinion. I do not see how you are going to get around that waiver. The bike shop is going to say the bike was in perfect working order when you left with it. You can not say it wasn't in perfect working order because you did not inspect it and bring it to their attention at the time of the rental. I feel really bad for you and wish you would not be responsible, but to me it seems that that waiver makes you responsible. Has their been any dialogue between the bike shop and yourself concerning the incident?

No real feedback yet - took it back this morning and talked to the mechanic. Have to talk to the owner to really try to work things out. Just want to be prepared; knowing if I have ANY recourse.
Thanks for the feedback.

Might want to call your credit card company and have them either shut down the card or decline any additional charges from this shop until you get this resolved.

55/Rad

Lawyer here.. the equipment is supposed to be in working order at the time of rental..If the guesstimates that you have gotten here are correct then you shouldnt be charged..Of course the cost of proving all that would cost you more than a new Colagno with Record components. Have you spoken to them about working this out??

*****Bush Lawyer*****
I agree with Barese, this looks to have been the result of a mis-adjusted limit screw on rear derailleur, not something that you would have been reasonably expected to identify before you started riding the bike. Again, I would agree that the hirer should be reasonable trying to sort this out for you.

All - thanks for the input.
The saga continues.... they "have some numbers" that I haven't seen yet (and they won't discuss over the phone) - seems a little odd.

I have another question though - one of their arguments about possible cause is that somehow I bent the hanger (transporting in car, or ...). I don't believe that this happened - I treated this bike like I treat my own (and I love my bike). ANYWAY, if the hanger had been bent wouldn't that cause shifting problems? I rode for 10 miles before the hill where this all happened - and had no shifting problems....

This self-destructing rear derailleur typically happens under high pedal stress, sometimes you will get a warning with the derailluer brushing the spokes on the inside gear before you mash the pedals. You wouldn't neccessarily have seen any shifting issues. It is possible to set this condition up with a derailleur bent by falling over, but this normally gives shifting issues, and of course you would know if you had hit it. Sounds like LBS is ducking for cover.

Agreed - thanks.

Former Lawyer: Don't get hostile or call the credit card companies yet. Most disputes are not settled by lawyers, but by non-lawyers speaking reasonably. The fastest way to turn this into a fight is to turn it into a fight.

I'd keep asking questions that lead them to answer that they set it up wrong. If they charge you for it, THEN call the credit card and start an inquiry.

Good point - I have been (and plan to stay) perfectly civil.
I do, however, want to be armed with information - and you all have been a great help. Thanks loads.

If the problem was a limit screw adjustment and only that, I would expect problems only when you shift into the largest cog. It would be entirely likely that, until you tried bottom gear, that the bike could shift just fine. If the hanger were bent due to impact or whatever, then you will have funky alignment on the rear der. and I would expect funky shifting elsewhere on the cogset. I supose that an imbecile (the rental agency "mechanic") might try to compensate for a bent hanger with a cable tension sdjustment but that would be kind of out there. Sydney??? Is this assessment correct?

Well the latest in the saga is that they are willing to make the concession of not charging me full retail - only full wholesale replacement cost. That is it. Doesn't feel like much of a concession.
So much for working together to come to some equitable agreement.
It is not completely done, but as we were making no progress tonight I asked that we revisit it tomorrow.
Any suggestions?
At the very least, after all of this is settled I should have a resounding recommendation of a company not to deal with.
More to come.

I hate to say it but I hope you got hurt when this happened. If you fell or something and had injuries you could make the problem they caused with their bike their problem by threatening to make the problems they caused to your body their problem too.

They sold you a defective product. You could have been seriously hurt. They should be kissing your ass.

Lawyer here:


Free legal advice is worth what you pay for it.

oh SNAP!