Cyclist Wins Claim Against Bike Importer

A cyclist who was badly injured when he suffered a fall could be entitled to a substantial payout after he won his case in the High Court against the bike’s importer. Alan Ide claimed that he was riding his £1,295 Marin mountain bike along a bridleway on the South Downs when the left handlebar suddenly snapped. He lost control of the bike and hit his head on the ground.

Despite wearing a helmet he suffered a serious closed-head injury. At first he had no memory of the crash itself and couldn't even recognise members of his own family. The recovery process has been slow and Mr Ide still suffers impairments of cognitive function.

Mr Ide brought the case against the importers of the bike, ATB Sales. Under the Consumer Protection Act, importers can be held liable for faulty merchandise.

The importers fought the case, claiming that Mr Ide first lost control of the bike and the handlebars then sheared when the bike struck the ground. Mr Ide was, however, an experienced cyclist, making this explanation less likely.

Several expert witnesses were called to give evidence. Dr John Morgan, in support of Mr Ide's case, was of the view that it was mostly likely that the failure of the handlebars resulted from a micro-crack that had been present from manufacture.

Mr Justice Gray accepted Dr Morgan's evidence. He ruled that there had been a defect with the bike's handlebars and it was this defect that caused the accident.

The amount of the damages has yet to be agreed although similar cases have brought substantial compensation. However, it is not yet known whether ATB Sales will appeal against the decision.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

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