Banner
 
Facebook: LeagueofMichiganBicyclists Twitter: LMB and MI Complete Sts on Twitter YouTube: MIBicyclists Google Groups: LMB Google Groups FeedBurner: LMBNews Flickr: leagueofmichiganbicyclists Scribd: LMB Documents del.icio.us: jlindenmayer Map My Ride: Michigan Ride Calendar: Michigan Ride Calendar
DownloadCenter
Toolkit_graphic_master1

LMB Legal Desk

Todd HeadshotSarah Headshot

Sarah W. Colegrove and Todd E. Briggs are lawyers in private practice and regular contributors to the MI Bicyclist Magazine and the LMB website.
In addition to helping athletes injured in bicycle and sports-related accidents in all states, they concentrate in the areas of civil litigation, including personal injury, real estate and corporate law. Todd and Sarah are competitive cyclists and triathletes. Each has competed in many Midwest and national running, biking and triathlon competitions, including a sub-10 hour Hawaii Ironman.

Contact Sarah and Todd at:
Briggs Colegrove, P.C.
1523 First National Bldg.
660 Woodward Ave.
Detroit, Michigan 48226
Telephone: (313) 964-2077
Fax: (313) 961-2345
E-mail: briggscolegrove@aol.com

Have a bicycle-related legal topic to suggest for an upcoming articles?
Email your suggestions to:jlindenmayer@LMB.org

Bob Mionske's Road Rights Blog

  • Know When to Say When 14 May 2012 | 2:05 pm

    By Bob Mionske If you plan to pedal home after a night out this weekend, you might want to consider the possible ways the police will react if they catch you BUI—bicycling under the influence.…

  • Blaming the Victims 30 Apr 2012 | 4:08 pm

    By Bob Mionske I received an e-mail recently from a Florida cyclist named John, who had been involved in a collision for which he was being blamed. John had been riding in the bike lane…

  • Small Steps 13 Apr 2012 | 9:19 am

    By Bob Mionske Too often the cycling news that captures our attention is about tragedy or injustice—or both. But as we continue to stand up for our right to the road, it’s also important to…

  • Cycling Safety: Changing With the Times 12 Mar 2012 | 5:04 pm

    By Bob Mionske The differences couldn’t be more striking. In February, the House Transportation and Infrastructure Committee approved a new five-year transportation bill that completely eliminates federal funding of bicycle programs. Republican Congressmen Tom Petri…

  • The Dutch Law 5 Mar 2012 | 3:56 pm

    By Bob Mionske “Cager.” It’s a derogatory word for “driver” that’s sometimes used by motorcyclists and bicyclists—it refers to the steel cage of the automobile that surrounds and protects motorists from the consequences of their…

  • Adding Insult to Injury 28 Feb 2012 | 9:43 am

    By Bob Mionske “Mrs. Morgan, you should not have been riding your bike on the road,” said the judge. It had been a hard, difficult road for Jan Morgan, but she was finally having her…

Blog-post_banner
Thursday, 10 May 2012
Hits 207
Wednesday, 09 May 2012
Hits 206
Monday, 07 May 2012
Hits 259
Wednesday, 02 May 2012
Hits 347
Tuesday, 01 May 2012
Hits 290
Monday, 30 April 2012
Hits 269
Monday, 23 April 2012
Hits 377
Friday, 13 April 2012
Hits 512
Twitter Banner
  • Twitter / MIBicyclists

    MIBicyclists: RT @WalkBikeRollMI: Michigan Complete Streets / nonmotorized funding under attack - Stand up for a more bicycle-friendly Michigan on May ...

  • Twitter / WalkBikeRollMI

    WalkBikeRollMI: Michigan Complete Streets / nonmotorized funding under attack - Stand up for a more bicycle-friendly Michigan on May 23 http://t.co/ouLuzTAA

  • Twitter / MIBicyclists

    MIBicyclists: We are excited to be there! RT @RideofSilence: Went over 300 locations worldwide this am! Tomorrow 7pm, everywhere: http://t.co/poMnaGNZ

  • Twitter / MIBicyclists

    MIBicyclists: Excited to attend the ribbon cutting for USBR 35 next weekend! http://t.co/47GETQ3C #usbr35

  • Twitter / WalkBikeRollMI

    WalkBikeRollMI: RT @MIBicyclists: Looking for a great way to kick of Bike Month? Register for Advocacy Day to help advance a more bicycle-friendly MI: h ...

Dollar-Per-Rider_225wide

Logged in Users

 
Tourism_Packet_banner1 Shoreline-tour-banner
Increase Font Size Option 5 Reset Font Size Option 5 Decrease Font Size Option 5

small_flag_of_mexico

Home > Resources > Legal Desk > What To Do When Your Bicycle Equipment Fails
Thursday, 01 October 2009 21:36
At some point, each of us will experience some type of bicycle-equipment failure. Following are some guidelines in the event this happens.

Ask what the warranty covers and its terms prior to purchasing equipment. Some bike manufacturers may require bike and component installation to be performed by a certified bike mechanic in order for a warranty to be honored. For that reason, we highly recommend that your bike and components be purchased and installed by a respected bike shop. Not only will most bike shops have some type of warranty policy of if its own beyond the manufacturer's warranty, but it will make sure the bike is in working order and properly install any components. Additionally, most bike shops have a trained mechanic that will measure you for proper fit and proper components.

Used bikes and components may not come with a warranty, so ask the bike shop if it offers any supplemental or extended warranty. It's always good to ask what the warranty covers and its terms prior to purchasing the equipment, so you know what to do in the event of equipment failure.

Retain all Receipts and Warranty Booklets. Keep ALL receipts for any bike or component purchases. Keep all these items in a folder, so you can easily access them. The warranty usually begins to run from the date of purchase, and the receipt should clearly indicate the date and place of purchase. In addition to the actual credit card or cash receipt, retain copies of the store receipt. If the receipts don't clearly indicate the name, address and telephone number of the shop, as well as the exact year, make and model of the bike and components purchased, then we recommend writing these items somewhere on the receipt. Keep a copy of the proof of purchase of components. The proof of purchase is usually located on the item's box. Receipts and proof of purchase are critically important when seeking repair, replacement or warranty coverage. They are also crucial when making an insurance claim. For insurance and warranty purposes, we also recommend that a photograph of the bike (including all race wheels and other race add-ons) be kept along with your warranty information. In the event the receipts are lost or destroyed, the photograph will serve as a record of the purchased bike or component. The photograph should be periodically updated whenever a component is added or changed.

Retain all damaged and failed equipment, until your warranty or insurance claim has been resolved. When a failure does occur, it is very important to keep the entire bike, including any components that fail, for inspection. We can't tell you how many times we have represented client's that discard, repair, misplace or lose the failed product, BEFORE a manufacturer, dealer or insurance agent has a chance to inspect the bike and component. In litigation this is called spoliation and applies to all products, from cars to electric toothbrushes. When spoliation occurs, the person who is seeking money for property damage or personal injury may be prevented from recovery even if a third-party (i.e. police) discards the product.

Maintain your bike. Remember to replace worn out bikes or bike components before they fail. If you fail to care properly for your bike or equipment, sometimes a warranty will be invalidated. Keep a maintenance log and routinely inspect your equipment. If you doubt the durability or safety or any component, have a bike shop inspect it. Retain your receipts for all work performed and keep them with your other warranty documents.
Consult an attorney regarding your rights, if you are injured due to a bicycle equipment defect. Should an injury occur because of bike or component failure, you should consult an attorney. Product liability is a complex area of litigation, because it is often difficult to determine the proper parties. There are often strict timelines to follow relating to notification of the various parties and often the manufacturer of a bike or component is different than that stated on the product. Timely notification of the proper parties is very crucial. If these timelines are not strictly followed, failure to comply could prevent an otherwise valid claim from being pursued. When making a claim for damages, evidence gathering may involve determining if there have been any product recalls or similar product failures. Sometimes an expert, such as a mechanical or materials expert, needs to be consulted to give his or her opinion as to the exact cause of the failure. An attorney can help you with all of these factors and ensure your claim is properly handled.

As always, feel free to contact us with questions you may have regarding this or any related legal issue. Ride safely.


Share
Last Updated on Friday, 02 October 2009 15:36
 
 

Support LMB

Beome-a-Member-banner

LMB Members

Bike Club FinderBike Shop FinderLMB Member Organizations

Law Enforcment Training

LMB Law Enforcement Training

Michigan Routes & Maps

MapGraphic

LMB Log In

Create an account to submit events, documents or comments to the LMB website.
 
 
Joomla 1.5 Templates by Joomlashack