Bicycles are associated with more childhood injuries than any other consumer product. More than half of the bicycle injuries that result from accidents are head injuries, which are more likely to result in death. A products liability action may be initiated when a child is injured by a bicycle that is defective or malfunctions. A prima facie case of products liability negligence, similar to an action for common law negligence, requires some evidence that the defendant breached a duty that actually and proximately caused the plaintiff's injury. The plaintiff also must establish that the product was defective or unreasonably dangerous. Therefore, before a manufacturer may be held liable for negligence arising from a defective bicycle, it is necessary that it be shown that there was actually something wrong with the bicycle; that is, it must be defective or dangerous. Additionally, the plaintiff must establish that the product that allegedly caused his or her injury was manufactured or sold by the defendant.
In a cause of action for products liability of a defective bicycle which results in a personal injury to a child it is crucial that a plaintiff have a skilled, knowledgeable, and experienced West Palm Beach Child Injury Lawyer. The experienced West Palm Beach Child Injury Lawyers of Sharmin & Sharmin P.A. have handled numerous child injury cases involving defective products such as bicycles, and will advise a plaintiff that a manufacturer, or retailer, may be proven by direct or circumstantial evidence. However, design defects, in products liability actions, must be proven by expert testimony. For example, a question for the jury was created regarding whether a bicycle was improperly assembled by a retailer and whether the improper assembly caused the accident, where the plaintiff presented the testimony of an expert witness who testified that the bicycle's quick release mechanism was misassembled at the time of the accident.
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.
Call 1-800-74-TRIAL
