Legal Question in Consumer Law in New York

Breach of Implied Warranty

I rode a bike that I rented from a bike shop in a triathlon. I am somewhat of a beginner and this was my first triathlon. The bike shop owner knew this. She told me about two different bikes I could rent: a beginner triathlon bike and a more advanced one. I told her I wanted a ''good'' bike and ultimately chose the more advanced one and fell while riding it, causing my leg to break. Apparently, the gearing is different on the pro bikes and I was not told of this by the bike shop owner. I've read about some implied warranties that go along with rentals that might apply to my situation (merchantability, fitness for particular purpose, etc.). Did the bike shop owner breach any possible implied warranties by letting my rent the professional bike when she knew I was just a beginner and would not know how to work the gearing?


Asked on 10/17/07, 10:50 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Breach of Implied Warranty

No, I do not think so. If you are riding in a triathlon, you are not a beginner, regardless of whether its your first. The product liability implied warranties were originally made for situations where the courts felt that a defective product was loosed into the stream of commerce,

with no one taking responsibility for

ensuring safety. They nade every party in the chain of distribution

liable. The LEAST liability usually attaches to the local shop, because its generally a design defect.

I am sure some attorney would try to make a case out, but you would probably lose because of a doctrine called "assumption of risk."

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Answered on 10/18/07, 1:02 am


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