Liability Cargo Bike: Free Legal Advice

Questioner

My wife broke her fibula due to improper adjustment of a new company cargo bike and is therefore unable to work as a self-employed person. Can the manufacturer be held liable for this? for damage to bicycle, person and loss of income/turnover

Lawyer

You will then have to prove that the bike was indeed not properly adjusted and that this increased the chance of an accident, it also depends on other circumstances such as weather, speed, experienced/inexperienced cyclist and whether sufficient warnings were given before the first use. Tell us more about the accident, how did it happen?

Questioner

when using the left brake, which is supposed to brake both front wheels, it brakes harder on the right front wheel than on the left. This caused the cargo bike to skid and my wife fell. The skidding cargo bike broke her leg. A professional bicycle mechanic has now determined that the right front wheel is not rotating correctly and that the brake bar that is supposed to control both front wheels is adjusted too tightly, causing it to not brake sufficiently. moreover, the brake of the right front wheel remains stuck after braking. it only releases again when cycling further. Thank you in advance for your first response

Lawyer

I advise you to get verbal commitments from the bike repairman in writing; I can imagine that the cargo bike which I assume should have been delivered ready to ride from the supplier tipped over due to the mistake. These bikes are heavy and therefore the chance of a serious accident is increased. The above concerns the establishment of liability for breach of contract or unlawful act. I can be brief about the damage suffered by your wife; In principle, all damages related to the error can be claimed, including lost turnover, medical expenses, etc. I do think that it is now important to properly document the evidence and to have a letter of liability drawn up by a lawyer. You may also contact me directly so that we can discuss the matter in more detail.

Lawyer

What an awful situation. Hopefully your wife has made a full recovery by now. I share Mrs Ferwerda's opinion that it is wise to ask the bicycle repairman for a written statement. Based on a European regulation, the manufacturer, but also the importer and the person where you bought the bicycle can be held liable for damage suffered by your wife. You can claim all damages suffered as well as pain and suffering. You can recover the costs of legal assistance from the other party if they are liable. I have extensive experience with personal injury cases. If you wish, I would be happy to look at your wife's case without obligation.