Wal-Mart sued for improperly assembled bicycle

Eric Vey

http://www.madisonrecord.com/news/2...sembled-bicycle

. . .
During Tony Willyard's first ride June 4, 2006, the handle bars
"detached from the steering stem, causing Plaintiff to lose control of
the bicycle, flip over the handle bars, and strike the ground, hitting
his right shoulder on the curb, and causing Plaintiff severe and
permanent injuries," the complaint states.
. . .

jim beam

Eric Vey wrote:
> http://www.madisonrecord.com/news/2...sembled-bicycle
>
>
> . . .
> During Tony Willyard's first ride June 4, 2006, the handle bars
> "detached from the steering stem, causing Plaintiff to lose control of
> the bicycle, flip over the handle bars, and strike the ground, hitting
> his right shoulder on the curb, and causing Plaintiff severe and
> permanent injuries," the complaint states.
> . . .


cT = 0.96.

dude, walmart get sued a thousand times a day. from defective
toothbrushes to poison bathroom cleaner. the ability to litigate
frivolously against our financial/commercial behemoths is one of our
greatest freedoms. and for said behemoths, it's simply a cost of doing
business.

next please.

still just me

On Tue, 10 Jun 2008 18:31:39 -0700, jim beam
<spamvortex@bad.example.net> wrote:

>
>
>cT = 0.96.
>
>dude, walmart get sued a thousand times a day. from defective
>toothbrushes to poison bathroom cleaner. the ability to litigate
>frivolously against our financial/commercial behemoths is one of our
>greatest freedoms. and for said behemoths, it's simply a cost of doing
>business.
>
>next please.

Sorry, troll minder, but the word "frivolously" does not necessarily
apply to this claim, although it may to many other suits against
WalMart.

Walmart hires people to assemble bikes. They then sell them with the
reasonable expectation of them being properly assembled. Unless they
come with a disclaimer of "bike not properly assembled, recheck all
our work" then they are likely (and correctly) liable for this. The
bike was three days old, the injuries are substantial, they're going
to lose (or likely settle) for a substantial sum.

!Jones

On Tue, 10 Jun 2008 14:16:31 -0400, in rec.bicycles.tech Eric Vey
<junker@ericvey.com> wrote:

>http://www.madisonrecord.com/news/2...sembled-bicycle
>
> . . .
>During Tony Willyard's first ride June 4, 2006, the handle bars
>"detached from the steering stem, causing Plaintiff to lose control of
>the bicycle, flip over the handle bars, and strike the ground, hitting
>his right shoulder on the curb, and causing Plaintiff severe and
>permanent injuries," the complaint states.
> . . .

They'll settle out of court for between 10 and 20K. Low end if they
documented training and quality assured the assembly; high end if no
training at all.

It's an every day thing.

Jones

still just me

On Thu, 12 Jun 2008 13:39:26 -0500, !Jones <hi@there.org> wrote:

>
>They'll settle out of court for between 10 and 20K. Low end if they
>documented training and quality assured the assembly; high end if no
>training at all.
>
>It's an every day thing.

It will go higher than that. I had similar, but lesser injuries and
spent $13K in medical costs alone. If the kid really has permanent
injuries, they will have to send quite a bit more his way.

clare at snyder dot ontario dot canada

On Fri, 13 Jun 2008 02:57:06 GMT, still just me
<wheeledBobNOSPAM@yahoo.com> wrote:

>On Thu, 12 Jun 2008 13:39:26 -0500, !Jones <hi@there.org> wrote:
>
>>
>>They'll settle out of court for between 10 and 20K. Low end if they
>>documented training and quality assured the assembly; high end if no
>>training at all.
>>
>>It's an every day thing.
>
>It will go higher than that. I had similar, but lesser injuries and
>spent $13K in medical costs alone. If the kid really has permanent
>injuries, they will have to send quite a bit more his way.


A client of an insurance company I do work for had an uninsured
handyman fix a changeroom door. While the door was off the hinges, one
of their customers bumped the door and it fell and banged their head.
The insurance company IN CANADA paid out 80 grand - NO PERMANENT
INJURIES.
If this Wallmart case in in the US, it will very likely go over 100
grand.
** Posted from http://www.teranews.com **

Luke

In article <hpp35414hmbr253v76g4q2uh9op9p4mi5n@4ax.com>, clare at
snyder dot ontario dot canada wrote:

> A client of an insurance company I do work for had an uninsured
> handyman fix a changeroom door. While the door was off the hinges, one
> of their customers bumped the door and it fell and banged their head.
> The insurance company IN CANADA paid out 80 grand - NO PERMANENT
> INJURIES.
> If this Wallmart case in in the US, it will very likely go over 100
> grand.

Shoulda been wearing a brain bucket. Donning the flame retardant suit...

* * Chas

<clare at snyder dot ontario dot canada> wrote in message
news:hpp35414hmbr253v76g4q2uh9op9p4mi5n@4ax.com...
> On Fri, 13 Jun 2008 02:57:06 GMT, still just me
> <wheeledBobNOSPAM@yahoo.com> wrote:
>
> >On Thu, 12 Jun 2008 13:39:26 -0500, !Jones <hi@there.org> wrote:
> >
> >>
> >>They'll settle out of court for between 10 and 20K. Low end if they
> >>documented training and quality assured the assembly; high end if no
> >>training at all.
> >>
> >>It's an every day thing.
> >
> >It will go higher than that. I had similar, but lesser injuries and
> >spent $13K in medical costs alone. If the kid really has permanent
> >injuries, they will have to send quite a bit more his way.
>
>
> A client of an insurance company I do work for had an uninsured
> handyman fix a changeroom door. While the door was off the hinges, one
> of their customers bumped the door and it fell and banged their head.
> The insurance company IN CANADA paid out 80 grand - NO PERMANENT
> INJURIES.
> If this Wallmart case in in the US, it will very likely go over 100
> grand.
> ** Posted from http://www.teranews.com **

Some very interesting anti-plaintiff precedents have been set here in the
US as a result of the exorbitant settlements for frivolous claims of the
past 10-15 years - the McDonald's Hot Coffee Lawsuit is a good example.

These large settlements have encouraged unscrupulous trial lawyers (also
known as "ambulance chasers") to pursue more borderline cases. The result
has been that many bona fide claims for real injuries have been minimized
or outright denied.

The number of "slip and fall" claims have proliferated to such a point
that the burden of proof has been set so high that many legitimate lawyers
do not want to take on these kinds of cases.

It seems that many insurance companies here in the US have a policy of
quickly settling frivolous claims while vigorously fighting claims for
real injuries.

I recently settled a property damage suit for less than my out of pocket
legal expenses. Allstate Insurance spent over $250,000 and 4 years
defending against a claim that originally could have been settled for
under $10,000. I took their "take it or leave it" settlement offer
because they suggested that the case could be stretched out another 2
years if I didn't.

So in the case of Wal-Mart and the defective bike, they may or may not
settle quickly. Many insurance companies are making low "take it or leave
it" offers.

Chas.

!Jones

On Fri, 13 Jun 2008 02:57:06 GMT, in rec.bicycles.tech still just me
<wheeledBobNOSPAM@yahoo.com> wrote:

>On Thu, 12 Jun 2008 13:39:26 -0500, !Jones <hi@there.org> wrote:
>
>>
>>They'll settle out of court for between 10 and 20K. Low end if they
>>documented training and quality assured the assembly; high end if no
>>training at all.
>>
>>It's an every day thing.
>
>It will go higher than that. I had similar, but lesser injuries and
>spent $13K in medical costs alone. If the kid really has permanent
>injuries, they will have to send quite a bit more his way.

Not unless the injured party fights for it. He or she will have to be
ready to go to court and that takes 10 to 15K in front money... if the
person is broke, they can pay 60%. A lawyer comes in and gets 50K;
big deal... I'd settle for 20K out of court; it's where I end up.

But, it all depends: a young, white, female (particularly a blonde)
will be premium.

Then, there's the negligence issue. Being liable for damages is one
thing, knowing the bike wasn't assembled properly and selling it
anyway is a whole 'nuther kettle of fish. Once it gets there, it
doesn't have a cap on it... but you have a tougher standard to meet.

Jones

!Jones

On Thu, 12 Jun 2008 23:22:00 -0400, in rec.bicycles.tech clare at
snyder dot ontario dot canada wrote:

>A client of an insurance company I do work for had an uninsured
>handyman fix a changeroom door. While the door was off the hinges, one
>of their customers bumped the door and it fell and banged their head.
>The insurance company IN CANADA paid out 80 grand - NO PERMANENT
>INJURIES.
>If this Wallmart case in in the US, it will very likely go over 100

Canada and the US have no significant difference in that area. They
had to be feeding a solicitor to get that much; besides, retail
premises defect will usually exceed product liability.

Jones... who knows nothing about the Wally-World deal.

Sandy

Dans le message de news:v85854h7ubk44ue8vcdpvnl9jea5kjvq1h@4ax.com,
!Jones <hi@there.org> a réfléchi, et puis a déclaré :
> On Thu, 12 Jun 2008 23:22:00 -0400, in rec.bicycles.tech clare at
> snyder dot ontario dot canada wrote:
>
>> A client of an insurance company I do work for had an uninsured
>> handyman fix a changeroom door. While the door was off the hinges,
>> one of their customers bumped the door and it fell and banged their
>> head. The insurance company IN CANADA paid out 80 grand - NO
>> PERMANENT INJURIES.
>> If this Wallmart case in in the US, it will very likely go over 100
>
> Canada and the US have no significant difference in that area. They
> had to be feeding a solicitor to get that much; besides, retail
> premises defect will usually exceed product liability.
>
> Jones... who knows nothing about the Wally-World deal.

Suggested last line revision:

"Jones - who knows nothing about the varying provincial and state laws on
product liability or payment schedules for health care."

!Jones

On Sat, 14 Jun 2008 17:22:32 -0400, in rec.bicycles.tech "Sandy"
<leurrre@free.fr> wrote:

>> Jones... who knows nothing about the Wally-World deal.
>
>Suggested last line revision:
>
>"Jones - who knows nothing about the varying provincial and state laws on
>product liability or payment schedules for health care."

Well, that wouldn't be accurate. I'm a retired insurance underwriter
formerly with Farmer's Insurance Group out of LA and currently
teaching employee benefits at Texas A&M University, Kingsville, TX. I
freely admit that South Texas is about as far from Canada as you can
get in the US; however, my wife is a Newfy from Saint John's and I try
to spend my summers in your beautiful country. If the US ever starts
drafting 60-year-old men (and we might), I'm coming up there to live!

Please do not place words in my mouth. I'm quite able to speak for
myself, thank you,

Jones

Sandy

Dans le message de news:2he854p4lopdt75kirekufg4o9j5334u4n@4ax.com,
!Jones <hi@there.org> a réfléchi, et puis a déclaré :
> On Sat, 14 Jun 2008 17:22:32 -0400, in rec.bicycles.tech "Sandy"
> <leurrre@free.fr> wrote:
>
>>> Jones... who knows nothing about the Wally-World deal.
>>
>> Suggested last line revision:
>>
>> "Jones - who knows nothing about the varying provincial and state
>> laws on product liability or payment schedules for health care."
>
> I try to spend my summers in your beautiful country.

Let it astound you as I sign this, in further confirmation of your
ignorance.....


--
Bonne route !

Sandy
Verneuil-sur-Seine FR

still just me

On Sat, 14 Jun 2008 10:06:24 -0700, "* * Chas"
<verktygjunk@aol.spamski.com> wrote:

>
><clare at snyder dot ontario dot canada> wrote in message
>news:hpp35414hmbr253v76g4q2uh9op9p4mi5n@4ax.com...
>> On Fri, 13 Jun 2008 02:57:06 GMT, still just me
>> <wheeledBobNOSPAM@yahoo.com> wrote:
>>
>> >On Thu, 12 Jun 2008 13:39:26 -0500, !Jones <hi@there.org> wrote:
>> >
>> >>
>> >>They'll settle out of court for between 10 and 20K. Low end if they
>> >>documented training and quality assured the assembly; high end if no
>> >>training at all.
>> >>
>> >>It's an every day thing.
>> >
>> >It will go higher than that. I had similar, but lesser injuries and
>> >spent $13K in medical costs alone. If the kid really has permanent
>> >injuries, they will have to send quite a bit more his way.
>>
>>
>> A client of an insurance company I do work for had an uninsured
>> handyman fix a changeroom door. While the door was off the hinges, one
>> of their customers bumped the door and it fell and banged their head.
>> The insurance company IN CANADA paid out 80 grand - NO PERMANENT
>> INJURIES.
>> If this Wallmart case in in the US, it will very likely go over 100
>> grand.
>> ** Posted from http://www.teranews.com **
>
>Some very interesting anti-plaintiff precedents have been set here in the
>US as a result of the exorbitant settlements for frivolous claims of the
>past 10-15 years - the McDonald's Hot Coffee Lawsuit is a good example.

Actually, if you do some reading on the McDonald's Hot Coffee Lawsuit
you will find that it was not at all frivolous. First, the coffee the
woman was served was at a temperature high enough to burn human flesh.
We're not talking hot coffee... we're talking scalding hot coffee.
Second, McDonalds knew the coffee was scalding hot. Their own internal
memos recognized and discussed it. The 160 degree serving temperature
was in their manual (All franchises are required to follow "the
manual" to the letter). Third, they had over 600 previous claims filed
against them for the same issue documented in their own records.
(Their employees and records testified to this point) Fourth,
McDonalds claimed that they made the coffee extra hot because people
"drank it when they got home" but this point actually cost them dearly
in the case when their own employee testified that their market
research showed that people drank their coffee in their car, not at
home.

In short, their own records and employees sunk their case by showing
their obvious knowledge of the problem, the fact that it had been
repeatedly addressed, and their negligence in correcting a dangerous
situation.

In addition, the woman did not initially sue them. Note that she was
so badly burned that she required substantial skin grafts. She asked
them only to cover her medical bills of about $10K. They refused. It
wasn't until then that she hired an attorney. Lastly, the award she
received was reduced by a Judge to about $600K - which, considering
the 600 claims, McDonald's gross negligence, and their corporate
worth, was a pittance.

>These large settlements have encouraged unscrupulous trial lawyers (also
>known as "ambulance chasers") to pursue more borderline cases. The result
>has been that many bona fide claims for real injuries have been minimized
>or outright denied.

I agree there. But the mentality now (see above) is also that any case
with a large award is automatically suspect and the plaintiff a
scammer.

>The number of "slip and fall" claims have proliferated to such a point
>that the burden of proof has been set so high that many legitimate lawyers
>do not want to take on these kinds of cases.

Personal Injury lawyers always seem ready - although cases of lower
injury level are given minimal time and attention and assigned junior
lawyers.

>It seems that many insurance companies here in the US have a policy of
>quickly settling frivolous claims while vigorously fighting claims for
>real injuries.

no $hit.

>I recently settled a property damage suit for less than my out of pocket
>legal expenses. Allstate Insurance spent over $250,000 and 4 years
>defending against a claim that originally could have been settled for
>under $10,000. I took their "take it or leave it" settlement offer
>because they suggested that the case could be stretched out another 2
>years if I didn't.

Yep, I know the problem. It's a strange mentality. A car nearly killed
me on my bike with obvious liability by the driver. Instead of
offering me a minor settlement (and covering medical expenses they
were legally required to cover anyway under state law) they fired the
first shot by sending me a bill for damages to the car. Guess what I
did next.

>So in the case of Wal-Mart and the defective bike, they may or may not
>settle quickly. Many insurance companies are making low "take it or leave
>it" offers.

I think the liability in this case is way too clear... but you never
know...