Were you or a loved one injured because of a defective product? If so, it is important that you seek legal guidance as soon as possible. You could have the right to pursue a lawsuit and recover compensation. Our expert legal team here at the Downtown L.A. Law Group are more than ready to provide you with the guidance that you need to fight for your rights under product liability law.
Ohlins issued a recall for its front air suspension bicycle forks on November 27th, 2018. The recall was issued for the products named “RXF 36 Front Air Suspension Bicycle Fork” after it was discovered that the internal air cartridge can escape from the protective tube. As a result, the riders of the bicycles can fall, leading to injuries.
Roughly 5,400 of the forks were manufactured and intended to be used on several different types of bicycles made by Enduro, Stumpjumper, Fuse, and Levo companies. The mountain bikes can have the parts pre-installed or purchased as aftermarket parts. The parts were manufactured by A-pro Tech, a Taiwanese company, and imported by Öhlins Racing and Specialized Bicycle Components, located in Sweden and California, respectively.
The bicycles and parts were sold for nearly two years, from January 2016 to September 2018. They cost between $1,000 and $1,250.
To date, there have been four reports of the defect causing injuries, including shoulder damage and broken ribs. Customers who have purchased the bicycles or parts can have the items repaired by the company free of charge. It is advised to refrain from riding the bicycles until there has been a fix.
Dangers of Bike Accidents
Mountain bikes should always have properly working parts on them that pose no risk of injury. The bikes are usually ridden in off-road situations and if there are any defects or malfunctions, the riders can be tossed from the vehicles and sustain heavy injuries. They may be traveling on mountains and in the woods, and damages from the environment can worsen injuries.
If a front fork suddenly malfunctions, the bike can lurch forward and throw the rider over the handlebars. This can lead to serious injuries, including:
- Broken bones
- Neck and spinal cord damage
- Concussion
- Brain damage and traumatic brain injuries
- Dislocations and sprains
- Collarbone injuries
- Facial scarring
- Cuts and abrasions
- Internal organ damage
- Severed limbs
- Paralysis
If you suffer any of these injuries from a faulty Ohlins fork, contact our law firm for more help.
A Common Misconception – many people think that bicycle accidents are always minor. Sure, many bicyclists (of all ages) have had a minor fall from a bike, resulting in only a few scrapes and bruises. This is normal to some extent, specifically when learning how to ride a bike or when riding carelessly. Although minor incidents are very common, it is important to highlight the devastating injuries that could occur in moderate to severe bike accidents. Incidents caused by defective bicycle could lead to temporary or permanent disability. Some injuries could require extensive surgeries to treat. Of course, bicycle accidents can also lead to fatal injuries.
Product Liability Law
If you intend on filing a lawsuit against Ohlins for injuries suffered from a faulty bicycle fork, you must show that the company acted with negligence at a certain point of the process. If there was a design flaw with the product, the company can be held responsible for not catching the malfunction early in the process. There may have also been a manufacturing defect that only occurred to a small number of the products due to a faulty machine or an error with the parts used. Further, there could have been no hazard signs or warnings present on the packaging or the product, which would fail to let customers know of the potential dangers.
In all likelihood, there was a manufacturing defect that prevented the forks from safely containing the air tubes. This can be evidenced by the number of products that were recalled versus the number of products that were manufactured.
You must be able to show that you were owed a duty of care by the company and that duty of care was breached, causing an incident that resulted in harm. If you were not hurt from the forks or from an injury that you suffered because of the malfunction, you cannot sue for certain damages.
For more help, you can talk with our skilled product liability lawyers at Normandie Law Firm.
Defective Bicycles are Common – countless bicycles are recalled every year for different defects that pose a risk to riders. These negligent bicycle manufacturers continue to fail their consumers and contribute to dangerous incidents that lead to physical injuries and other harm. Here at our law firm, our defective bicycle attorneys are not afraid to take on negligent product manufacturers and sue them under product liability law. Our defective bicycle accident attorneys are fully committed to fighting for your rights and getting you the best claim outcome possible.
What to Do in a Product Liability Lawsuit
You should always adhere to these steps if you wish to file a product liability claim.
- Do not return the product, throw it away, or attempt to fix it yourself
- Get medical attention at once
- Photograph the fork and the bike
- Take pictures of your injuries
- Retain your receipt, credit card statement showing your purchase, or anything else that can show you to be the legal owner of the item
- Get in touch with a qualified product liability lawyer in Los Angeles who can help you take legal action
It is important that you do not get rid of the item or return it to the store or manufacturer. If you do not have the piece, it can be impossible to show the defect and how it affected you.
Damages from a Lawsuit
How much can I receive for my defective bike accident claim? What is my claim worth? These are very common questions. Every claim is different however, so it is important to get a case evaluation to have a better understanding of the possible value of your claim. If you have been hurt in a bike accident because of the faulty Ohlins fork, you could potentially receive ample compensation for your damages. These damages can be covered by the manufacturer and can cover the following:
- Medical expenses from the past and future
- Property damage
- Lost income from the past and future
- Pain and suffering damages
- Legal expenses
- Wrongful death benefits, including funeral and burial costs and loss of consortium
The more extensive and damaging your injuries, the more likely it is that your settlement will be large. The insurance agent will weigh the effect your injuries had on your life and career and will determine a number, which will also be influenced by your job and your age, as well as if you tampered with the product or could be partially blamed for the incident. Our attorneys will strive to bring you the maximum settlement value available under the law.
Whether our defective bike accident lawyers have to negotiate a settlement or take your claim to trial to reach a verdict, you can be certain that our team ais more than ready to go above it all the secure the highest recovery available for your claim. Contact us today to learn more about the possible value of your claim and what you could be entitled to receive.
How Long Do I have to File a Defective Product Lawsuit?
In California, defective product lawsuits are generally subject to a two-year statute of limitations. This means that claimants must file their claims within two years from the date of the incident. If claimants fail to file their claims on time, they could lose their right to sue.
Exceptions to the statute of limitations – although the deadline to sue is generally strict, there are certain exceptions that could apply, resulting in the deadline to sue being tolled or paused for some time. For example, if the victim was a minor at the time of the crash, the statute of limitations would be paused until the age of eighteen; this means that an injured minor may have until the age of twenty to file claims. In addition, if the incident left the victim unconscious (or in a coma), the statute of limitations will be tolled until the victim regains consciousness.
To ensure that you have a thorough understanding of the total length of time that you have to file your claim, contact us today. Our team is ready to help you file your claim on time.
Our Firm’s Promise to You
Normandie Law Firm in Los Angeles promises to work around the clock to bring you the compensation you deserve if you have been injured in a mountain bike accident due to a faulty Ohlins suspension fork. We will aggressively negotiate a fair deal and if we need to take your case to court to prove that your rights were violated and you deserve an ample settlement ,we will do so. Whether you or a member of your family were injured because of the defective Ohlins bike or any other defective bicycle, it is important that you seek legal assistance as soon as possible. You could have the right to file a product liability lawsuit for injuries caused by a defective bicycle.
Call our offices today for a free legal consultation during which you can ask us whatever you wish. We’ll make sure you have no questions left unanswered, and we will tell you how much we believe your case is worth. We’ll also give you more details about our zero fee guarantee, which promises that we won’t get paid unless and until we win, and the money will come from the settlement we win for you, not from your own personal savings.
To take legal action against Ohlins for their defective suspension bicycle forks, reach out to Normandie Law Firm.
