Product liability attorneys note that bicycle manufacturer Trek has recalled approximately 1 million bikes due to a reported safety issue involving the bikes’ quick release levers. Severe injuries have been reported, including one that resulted in the rider becoming paralyzed. It is the largest bicycle recall ever for the company, and attorneys are considering bike recall lawsuits that seek compensation for medical expenses, pain and suffering, loss of income, and other damages.
If you or a loved one was injured in an accident involving a Trek bicycle, contact Attorney Group today to learn more about your options for pursuing a claim for compensation. We offer free, no-obligation consultations, and if you have a case, we can connect you with an affiliated Trek bicycle recall lawyer who can help you seek the compensation to which you may be entitled. The time to pursue a claim is limited, so contact us today.
Trek Recall News
- April 2015 – Trek recalls approximately 1 million bikes due to reported safety issue involving contact between the front disc brake and quick release lever on the front wheel hub. Multiple injuries have been reported, including one resulting in paralysis.
- June 2014 – Trek, along with bike maker Scott recalled bicycles with SR Suntour front forks on model year 2011 through 2013 because the forks reportedly posed a crash hazard, according to the Consumer Product Safety Commission (CPSC). Approximately 120,000 Trek bicycles were recalled along with 5,200 for Scott. Approximately 28 broken forks were reported on Trek bicycles, resulting in five injuries were reported, including minor bruises, a separated shoulder, and broken bones.
- April 2012 –The CPSC announced that Trek, along with GT and Giant, recalled approximately 17,000 bikes between them from model years 2011 and 2012 due to a reported safety issue with SR Suntour suspension forks. Twelve incidents involving the forks were reported, including two injuries involving a laceration and a chipped tooth.
What is the Current Trek Recall About?
According to the CPSC, the Trek recall involves approximately 900,000 bikes in the U.S. and 98,000 in Canada. It includes models from 2000 to 2015 that are equipped with front disc brakes and a black or silver quick release lever on the front wheel hub that opens far enough to make contact with the disc brake. The bikes in question generally cost between $480 and $1,650.
The reported safety issue poses a risk of injury to the rider, as the front wheel hub’s open quick release lever can reportedly conflict with the brake assembly, causing the front wheel to suddenly stop or separate from the bike. Trek bikes with front quick release levers that do not open 180 degrees from the closed position are not included in the recall.
The Trek Recall Safety Notice explains the reported safety issue as follows:
“Some Trek bicycles were sold equipped with disc brakes and a front quick release lever that opens past 180°. If the quick release is improperly adjusted or left open on a bicycle which also has a front disc brake, the quick release lever can become caught in the front disc brake assembly. If this happens, the front 180° wheel could separate or come to a sudden stop and the rider could lose control of the bicycle.”
Trek is offering free replacement of quick release levers on recalled models, as well as a $20 coupon toward any Bontrager accessory to each bike recall participant, redeemable by December 31, 2015.
Is the Reported Safety Issue Exclusive to Trek?
A news article from Bicycling.com reported the following:
“Eric Bjorling of Trek says that, in researching the cause of this failure, the company found that the above situation can occur due to improper use of the quick-release; in short, not tightening the QR properly before heading out on a ride. Bjorling also said that the quick-release was not manufactured by Trek and is commonly used in the industry, so the recall might extend to other brands.”
According to an article from Outside Online, the reported safety issue with the quick-release is likely not a problem exclusive to Trek, and anyone who owns a bike with a quick release skewer and disc brakes should “check to see if (a) it’s properly attached and (b) whether the lever articulates past 180 degrees when open.”
Alleging Defective Product Design Vs. Manufacturing Error
The current Trek recall and anticipated future bike recalls for the same quick-release lever by other bike manufacturers suggest that the initial design of the product could be defective, potentially resulting in product liability lawsuits.
Product liability cases are those that arise when a dangerous and defective product does harm to someone or damages property. A product can be anything ranging from industrial or medical equipment to a household appliance or motor vehicle, and bicycles are considered products. If the product in question injures a person or causes damage to property, there is a potential product liability claim.
Product liability cases are similar to other types of personal injury cases in that the injured party must still prove that he or she has been damaged, that there is fault on the part of the defendants, and that the fault of the defendant caused the damage. Those who allege injury by a defectively designed product must prove that its design creates an unreasonable danger, and that the defect itself caused injury.
Failure to warn of potential dangers of a product, including its susceptibility to user error, can make a product defective.
Similar to a defective product design claim, a manufacturing defect claim alleges that the product is defective because of an error in making it, not because it is defectively designed. In this type of claim, it must be proven that an error in manufacturing the product caused injury, rather than the product’s initial design.
Trek Bike Recall Follows Rider
Paralysis
Of three reported injuries involving Trek bikes, one resulted in the rider being paralyzed. A person injured by a defective product can seek compensation for medical expenses, loss of income, pain and suffering, and other damages. Where there is a spinal cord injury, rehabilitation, home care, and loss of future earnings may be sought.
A spinal cord injury can affect many areas of a person’s body and life. According to Mayo Clinic, areas often affected by a spinal cord injury include the following:
- Loss of mobility – may potentially increase the risk of cardiovascular disease or diabetes.
- Skin sensation – After the spinal cord injury, the skin may be unable to send a message to the brain if it is harmed.
- Circulatory control – Circulation problems ranging from low blood pressure to swelling of the extremities may occur.
- Respiratory system – Breathing and coughing may be more difficult.
- Muscle tone – The muscles become limp, or flaccid, or experience involuntary tightening or motion, known as spasticity.
- Sexual health – Overall sexual function may be affected.
- Pain – Muscle or joint pain from overuse of certain muscles may occur, as well as nerve pain.
- Depression – Sudden changes in lifestyle may cause some people to experience depression.
Is There a Trek Bike Recall Class Action?
As of May 4, 2015, there is not a Trek bike recall class action, however, attorneys anticipate that Trek bike recall lawsuits will be filed. A class action lawsuit involves the filing of a complaint by representative plaintiffs alleging injury to them and the rest of the class members by the defendant or defendants. Class members often seek similar compensation, but can choose to opt-out of the settlement and pursue their own individual claims.
Injured Consumers May Be Eligible for Compensation
People who have been injured by a defectively designed or manufactured bicycle or other product may be entitled to compensation, also known as damages, from the party responsible for their injuries. Damages can be based on a number of factors, including:
- The nature, extent, and permanency of the injury
- The aggravation of a pre-existing condition
- Past and future medical expenses
- Transportation and lodging costs due to medical treatment
- Past and future pain, suffering and mental anguish
- Loss of income
- Loss of earning capacity
- Scars and disfigurement, either from the injury itself or medical treatment
- Caretaking expenses
- Impact on a marriage relationship
Family members of those killed due to the fault of another may be entitled to recover the following types of wrongful death damages:
- Mental anguish, both past and future, resulting from the loss of a loved one
- Loss of the relationship with the loved one
- Loss of financial support
- Funeral expenses
- Conscious pain and suffering of the loved one prior to death
- Medical expenses attributable to the fatal injury
Many times, the fact that medical expenses or other costs were paid by a third party, such as an insurance company, does not prevent an injured person from recovering those same costs as damages from an at-fault party. While such compensation is often required to be repaid to the third party, in instances where it is not required to be repaid the injured party receives the difference as additional compensation for his or her injuries.
If the actions of the at-fault party were intended to cause harm, or if the actions were so reckless that malice on the part of the at-fault party may be inferred, punitive damages may be imposed. The purpose of punitive damages is to punish a wrongdoer and to deter similar conduct in the future.
The time you have to pursue a claim is limited. Contact us for more information.Get Help Now.
If you or a loved one suffered injury in an accident involving a Trek bicycle, contact Attorney Group today for more information about your options. We can answer your questions in a free, no-obligation consultation. If you have a case, we can connect you with an affiliated Trek bicycle recall lawyer who can assist you throughout the legal process. State laws limit the time you have to pursue a claim, so contact us today.
