Breezer, the bicycle manufacturing company, has issued a recall of all “Downtown” models due to pedal issues. The recall states that the bike pedals are prone to pop off during use, thereby causing loss of control and increasing the risk of bicycle accidents. The company has asked that all owners of Breezer Bicycle models Downtown 3, Downtown 3-ST, Downtown 8, Downtown 8-ST, Downtown EX, and Downtown Ex-ST stop use immediately and take the bike to an authorized Breezer dealer for free repairs. Thankfully, no injuries due to this defect have been reported.
What If a Defective Product Does Cause and Injury?
There are three categories for defective products. Manufacture defects, design flaws, and improper warnings.
- Manufacture defects are created during the manufacture process, either by improperly making the product or by damaging the product before general sale. Damage incurred during shipping also fits into this category.
- Design flaws involve poorly designed products such as SUVs that tend to roll overor bicycles with pedals that break off during use.
- Improper warnings or lack of warning at all for a risk involved in using a product is also a form of defect.
In order to win a defective product claim, you have to show that the defect was the real cause of your injury. For example, if you were hit by a car while riding your Breezer Downtown EX and sustained an injury, you would likely not have a very strong case for defective product design, unless you could show that you were hit by the car because the pedals of your bike broke off and caused you to lose control and roll into the path of the car.
It is a good idea to consult an attorney if you believe you have a case for product liability, whether it’s a manufacturing error, design flaw, or for failure to adequately warn users of risks. A good lawyer can help you to determine which type of case you may have and then help you seek damages for your injuries and losses.
Dudek Law Firm – San Diego bicycle accident lawyer