Advertisements

Pacific Cycle not liable for alleged defective skewer sold to plaintiff by Wal-Mart

To win a lawsuit you must have evidence to support your claim.

Burnett v. Pacific Cycle, Inc. 2007 U.S. Dist. LEXIS 55719

State: Tennessee, United States District Court for the Eastern District of Tennessee

Plaintiff: A.B. By Next Friend, Rachelle Burnett,

Defendant: Pacific Cycle, Inc. and Wal-Mart Stores East, L.P.,

Plaintiff Claims: Pacific was negligent in its design and manufacture of the bicycle, rendering the bicycle defective and unreasonably dangerous. Plaintiffs further allege that defendant Wal-Mart Stores East, L.P. was negligent in the assembly, marketing, distribution, and sale of the bicycle

Defendant Defenses: Motion to Dismiss for failure to state a claim

Holding: Case was dismissed

Year: 2007

This case concerns a Mongoose DXR bicycle manufactured by Pacific Cycle and sold by Wal-Mart in Tennessee. The bike was purchased fully assembled. The bike was ridden regularly by the minor plaintiff for the next four years. No maintenance was performed on the bike during that time.

The bike was equipped with a quick release. No one admitted ever opening or removing the quick release. While camping, the minor plaintiff was riding the bicycle when he suffered injuries to his face and head. The plaintiff did not remember the accident.

The defendants filed a motion for summary judgment, which was granted.

Analysis: making sense of the law based upon these facts.

The case was brought under the Tennessee Product Liability Act. To prove a claim under the act the plaintiff “must prove that the product in question was “in a defective condition or unreasonably dangerous at the time, it left the control of the manufacturer or seller.” A defective condition is one that renders a product “unsafe for normal or anticipatable handling and consumption.”

An unreasonably dangerous product under the act is defined as:

…dangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchases it, with the ordinary knowledge common to the community as to its characteristics, or that the product because of its dangerous condition would not be put on the market by a reasonably prudent manufacturer or seller, assuming that the manufacturer or seller knew of its dangerous condition.

Consequently, the plaintiff must show a product is defective or unreasonable dangerous. The defect or unreasonable dangerous condition was the proximate cause and the cause, in fact, for the injury to the plaintiff. A mere malfunction of the product does not create liability. Nor is an injury to the plaintiff alone sufficient to prove a case.

Because the plaintiff could not remember the accident, there was no proof that a defect caused the injury to him.

Plaintiffs have not established that the alleged defect or unreasonably dangerous condition of the Bicycle was the proximate cause or the cause, in fact, of the accident. A.B. admits that he cannot remember whether the Bicycle’s front wheel came off before the accident, which would effectively have caused the accident, or after the accident.

There was also expert testimony from the defendant’s expert who stated the accident was not caused by the quick release.

So Now What?

This is a simple case that analysis the product liability requirements necessary to prove a case in Tennessee. The pivotal issue was no one saw the accident nor was the plaintiff able to remember the accident.

On top of that the plaintiff did not hire an expert witness to support or prove its claims. Consequently, the only evidence from an expert the court had in front of it was from the defendant’s expert.

No evidence to prove the case in front of the court, the court must rule for the defendant.

What do you think? Leave a comment.

If you like this let your friends know or post it on FaceBook, Twitter or LinkedIn

Copyright 2015 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog: www.recreation-law.com

Mobile Site: http://m.recreation-law.com

By Recreation Law       Rec-law@recreation-law.com              James H. Moss

#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Tennessee, Product Liability, Bicycle, Cycling, Mountain Bike, Mongoose, TPLA, Skewer, Quick Release,

 

Advertisements