There are two main legal theories for a lawsuit based on a defective product, such as a child's bicycle: negligence and strict liability.
When a defective bicycle lawsuit is based on negligence, the plaintiff must prove that the defendant deviated from the accepted standards of conduct in its action or failure to act. Under a negligence theory the plaintiff prove that the defendant manufacturer, distributor, or seller failed to exercise due care. In contrast to a cause of action for strict liability, the manufacturer or retailer's conduct is at issue, and liability of such a defendant is determined by his or her fault. Therefore, This generally includes a duty to design the bicycle so that it will fairly meet any "emergency of use" that reasonably can be anticipated. However, this does not include a duty to design a product so as to render it wholly incapable of producing injury.
A West Palm Beach Child Injury Lawyer will advise a plaintiff that determining what constitutes reasonable care will vary depending upon the surrounding circumstances, and involves balancing the likelihood of harm to a plaintiff and the gravity of harm if it happens, against the burden of the precaution which would be effective to avoid the harm. Additionally, since bicycles and components are designed and marketed for a variety of purposes, it may be necessary to prove that the way the child used the bike when he or she was hurt should have been reasonably anticipated. Moreover, the mere fact that a product malfunctions does not demonstrate the manufacturer's negligence, nor does it establish that the product was defective. Therefore, where plaintiff attempts to prove the case with circumstantial evidence, negligence must be the only possible inference for the injury.
If your child is hurt due to the negligence of a bicycle manufacturer or retailer, you need the help of an experienced West Palm Beach Child Injury attorney. Get the immediate answers you need on this website and when your ready, Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
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