Who is liable if I am injured on a bicycle due to a defective product?

If you are injured while riding your bicycle due to a defective product, you may be able to seek compensation from the party responsible for the defect. Generally, the party responsible for the defect may be the manufacturer or seller of the defective product. Under North Carolina law, you may be able to file a product liability claim against a manufacturer or seller of a defective product if you can prove that the product did not meet the manufacturer’s or seller’s standard of care, that you were using the product for its intended purpose, and that the product caused you to suffer an injury or wrongful death. If your bicycle was defective when you purchased it, the manufacturer of the bicycle may be held liable under a theory of strict liability. This means that the manufacturer can be liable even if they did not know the product was defective or did not intend to cause harm. To prove strict liability in North Carolina, the plaintiff must establish that the product was in fact defective, that the defect caused the injury, and that the product was used as intended by the user. If the defective product was installed or attached to your bicycle by someone else, such as a mechanic or bike shop, they may be liable for any resulting injuries. To prove negligence in this case, you would need to show that they breached their duty of care to you by failing to install or attach the product correctly, and that this breach caused your injury. In either case, it is important to speak with an experienced bicycle accident lawyer who can evaluate your case and help you seek the compensation you may be entitled to.

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