Legal Question in Product Liability in Pennsylvania

I purchased a dirt bike from a person, and he said there was nothing wrong with it. He said he hasnt had a problem and he texted me and said it was perfect. I got the bike home and I drove it for a while, just going slow in ally. I then took bike out and kicked it up a notch and wrecked going around a turn. I took it to get it fixed and the mechanic found problems with it that were prior problems that the man had to have known about.The cause of the wreck was due to the man put all new plastic on bike and had to remove seat to do so. He failed to clamp the seat down to frame, and when i took the turn all the plastic, seat and I came off the bike. I went to hospital with road rash and had to pay $362.00 to get bike fixed. I told him and sent him pictures from the mechanic. The mechanic said the man had to have known about all the problems with bike and he just took advantage of me cause it was all new to me. Thank god it was me that wrecked, cause I bought the bike for my son. Is there anything I can do, I only had bike for a week.

Thank you,

Guy


Asked on 9/28/09, 9:03 am

1 Answer from Attorneys
Richard Teitell Richard K. Teitell, Esquire, P.C.

It seems you have a small claims case. The maximum amount you can get in small claims court is $8K. You can file a law suit with your local district justice. That office will help you complete the law suit form if you need help. When you file the law suit bring to the court at least 3 copies (not the original) of all documents which are relevant, like any receipt for the purchase, & your hospital record and bill. Also, you will need a written statement signed by the mechanic which clearly states 1- his credentials as a mechanic (how many years in business, years of formal training, etc; 2- that he examined the bike & his findings; 3- a statement that in his opinion the defects in the bike (stating exactly the nature & extent of the defects) were present at the time of sale (giving date) & "were known or should have been known" by the seller. Good luck!!

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Answered on 10/03/09, 11:15 am


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