When I was injured because of a poor design I wanted someone that knew the cycling industry from the inside out and who would be tough as nails.

Paul Floyd
Financial Analyst & Land Lease Negotiator
Redwood City, CA

Recent Articles

Road Rights: Taking on the Bullies

November 3, 2014

By Bob Mionske Cheryl, a former client of mine, was riding one of her regular routes, one she had ridden probabl...

Road Rights- Not So Slow

April 14, 2014

By Bob Mionske Photo: vetta/Getty Images A common misconception about cyclists is that we are in the ...

Road Rights- No Crime, No Punishment

March 26, 2014

Why do dangerous drivers receive more protection from the law than their victims do? By Bob Mionske When a ...

Defective Cycling Products

About defective cycling products

When most people hear the words “cycling accident,” a collision between a car and a bike are what come to mind. The fact of the matter is, most cycling accidents are solo accidents. Regardless of whether the accident is a solo accident or a collision, however, some of these accidents result from the mechanical failure of one of the bike’s components due to a product defect.

When a product is defective, and that defect results in an injury or other loss, all parties engaged in the business of supplying the product for use or consumption by the public may be held liable. The liable parties may include the manufacturer of parts, the assembling entity, the wholesaler, the distributor, and the retailer. The applicable law of each state varies, but the three types of product defects that may incur liability in a products liability case are:

  • Design defects: the injury was caused by poor design.
  • Manufacturing defects: the injury was caused as a result of a defect in the manufacture of the product.
  • Failure to warn: the injury was caused as a result of a product failing to be accompanied with proper instructions.

What to do if you have been injured by a defective cycling product

Seek prompt medical treatment for your injuries. This is proof that you were in fact injured, and the medical records generated by the medical provider will help establish the extent of your injuries. Have several photos taken, from different angles and under different lighting, as soon as possible after your accident. Keep a journal (injury diary) of your physical symptoms, starting immediately after the accident, and make entries every couple of days.

Preserve your evidence. If you have been injured, and you believe your injury was due to a defective cycling-related product, keep possession of the product! Your best chance for recovery requires proving the product is defective. This proof will require an engineering analysis by an expert who will need access to the product. Preserve all evidence in the exact condition it was in at the time of the injury. All elements of the crash must be preserved. Do not move, bend, take apart, or in any other way tamper with the evidence. Do not send any of your evidence to anyone other than your legal team.

Contact bicyclelaw.com or another experienced products liability attorney who understands bicycling as soon as possible after your injury. Products liability cases are complex, and require both experienced legal representation and expert engineering analysis of the defective product and the accident scene. Results will always depend on the facts of each particular case.

For more information

For more more in-depth information about defective products liability, see Bicycling & the Law.

If you have been injured or otherwise suffered a loss due to a defective cycling product, contact bicyclelaw.com for a free consultation with bicycle attorney Bob Mionske.


Announcing The Bike Law Network!

March 19, 2014

By Bob Mionske When I wrapped up my cycling career in 1994, I knew I wanted to stay involved with cycling in som...

Welcome Bob Mionske to the Bike Law team!

January 28, 2014

Welcome Bob Mionske to the Bike Law team! We (Ann and Peter) are thrilled to welcome Bob Mionske to the Bike Law...


Vigilante cyclists reunite owners with stolen bikes

September 5, 2014

Chicago Reader: Vigilante cyclists reunite owners with stolen bikes Fed up with bike theft, Chicago cyclists ar...

Court rules that even on a bicycle, it's reckless driving

July 21, 2014

The San Francisco Chronicle: Court rules that even on a bicycle, it's reckless driving Bob Egelko M...

Letter: Cyclists are not a menace on the roads

July 20, 2014

The Montreal Gazette: Letter: Cyclists are not a menace on the roads The Montreal Gazette July 20, 2014 Re:...

Bicyclists rally to demand safer streets

July 18, 2014

The Times-Picayune: Bicyclists rally to demand safer streets By Jonathan Bullington, NOLA.com | The Times-Picayu...