In a lawsuit for products liability of a defective bicycle, the design of the bike may be considered defective if the foreseeable risks of harm posed by the bicycle could have been reduced or avoided by the adoption of a more reasonable alternative design by the seller or other distributor, or a predecessor in the commercial chain of distribution, and the omission of the alternative design renders the product not reasonably safe. The primary test to determine the liability of a manufacturer is one which adopts a "risk-utility balancing" test as the standard for judging the defectiveness of product designs. In other words, the test determines whether a reasonable alternative design would have reduced the foreseeable risks of harm posed by the product and, if so, whether the failure to use the alternative design by the defendant, rendered the bicycle unreasonably unsafe or harmful.
A knowledgable West Palm Beach Child Injury attorney must prove that such a reasonable alternative was or reasonably could have been, available at the time of sale or distribution. A West Palm Beach Child Injury Lawyer will advise a plaintiff on his or her legal rights and determine the liability of the manufacturer. The Florida Child Injury Lawyers of Sharmin and Sharmin P.A. will work tirelessly to recover all compensation and damages your child and family deserves for an injury or death due to a defective bicycle. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
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