Legal Question in Personal Injury in Ohio
son was injuried on bike assembled and bought at wal-mart
My father bought a bike assembled at the largest retail giant for my son. He brought it home. I put a little bit of air in tires. And we took off for a ride. Went about 6 blocks. My son was riding he hit a hole in the road. He lifted the front end a little and the front tire came off of the frame of the bike. He flipped over the handle bars and hit his head on the road. Knocked him out. He had road rash on his hands and elbows and knees. He passed out a second time and fell on the road. I called the ems because of the head injury. He had a slight concusion. I would like to know if I could get help getting the bills taken care of. Do I go back on retailer or manufacture of bike?
1 Answer from Attorneys
Re: son was injuried on bike assembled and bought at wal-mart
You can submit a claim to the retailer and the manufacturer via written correspondence. However, both may deny responsibility and thus, may refuse to reimburse you for your expenses. Keep in mind that, if the accident was caused by a defect in the bike (or poor assembly), you/your son would be entitled to more than just medical expenses (e.g., for your son�s pain and suffering). If they reject the claim and you advise them that you will be retaining counsel, they may (or may not) reconsider. If the medical expenses are nominal, they may pay without much effort on your part but they most certainly will require you to execute a release (in which they will be relieved of all liability and in which you will relinquish any and all claims for damages) before releasing any funds (they will also likely require copies of the medical records). I would not be surprised if they respond by advising you that, after an �investigation�, they have determined that the bike/assembly was not defective and that the accident must have been caused by misuse.
If they do not voluntarily pay the claim, your only recourse would be a lawsuit or first an attempt, through an attorney, to resolve the matter prior to commencing a lawsuit.
If you wish to discuss this in greater detail, feel free to contact me directly.
Eileen M. Joyce
216-687-1244, Ext.701
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