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news
Halfords (CC licensed image by John Parish:Flickr)Judge dismisses £1m Halfords crash lawsuit
A High Court judge has dismissed “with regret” a £1 million lawsuit brought against Halfords by a Gravesend cyclist who suffered permanent facial disfigurement when he crashed his bike – caused, he claimed, by a faulty steerer tube that snapped.
Joseph Love, now aged 24, sustained the injuries when he fell head first into a crash barrier on a footpath alongside the A2 between Bluewater and Gravesend, reports Kent Online.
He had bought his Saracen Raw 2 mountain bike from Halfords the previous year, and his lawyers had argued that the steerer tube was defective when he acquired it.
But after hearing from expert witnesses, Judge Sir Colin Mackay found that it was probable that there was nothing wrong with the bike when it was bought in May 2008.
It had been assembled and checked by staff at Halfords, and had also been through a service, with no trace of a defect found.
The judge said he believed the steerer tube snapped after the cyclist, then aged 19, hit a row of posts because he lost his concentration while “riding too fast” to make up ground on his friend.
He added: “I am obliged, with great regret because of the severity of this young man’s injuries, to dismiss this claim.”
Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.
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18 comments
similar case to that brought against ATB Sales Ltd. some years ago
rider had crashed causing life changing injuries, after handlebar failed on Marin bike several years old
rider did win that case, as it could not proved whether a defective handlebar caused the crash, or the handlebar failed as a result of the crash
judge ruled in the rider's favour, and bike industry insurers took sharp notice of that outcome (reported to be several £million)
thats not the whole story, there was more to it than that.....
There is some very sniffy comments about the ability of Halfords mechanics on here. In their defence they supported a London to Paris ride I took part in last year and the mech guys were awesome. Some of the running repairs they made for a party of 300 or so riders were fantastic. It may not be a cool standpoint but I was impressed by their ability... and this from someone who has a background in assembling and maintaining bikes.
I'm sure they have some good mechanics. But in my experience, and that of every one else I know that has dealt with them, they have some truly incompetent ones too. I had to sort out a bike for a mate that was bought there. brake blocks rubbing the tyres when applied is a serious, dangerous fault that they should have spotted and sorted.
Paul_C, that is one of the most sensible things I've seen for some time. I was pondering the same thought the other day whilst cycling along a cycle path littered with glass and rubbish -ironically whilst seeing a road sweeper go past - and thinking the pain caused by falling on the what is essentially a very large limb severing blade.
I also love the planning that goes into building a cycle path, then plonking a series of bloody great big sign posts and concrete bases right in the middle of the path. Slow down I hear some cry, but the idea of a bike is you are using it to go quicker than walking.
I would have sued the designers and installers of the crash barrier for it being so unforgiving on the pedestrian path side... so often there's just the upright sharp edged pillars on the path side while the nice smooth side is facing the carriageway.
FFS, people should just accept responsibility for their own actions. "I wasn't paying attention and crashed, who can I blame?"
Not sure what riding "too fast" means though.
I would have thought that "too fast" means faster than a speed where, given the prevailing conditions, you can stay properly in control (and for example avoid hitting a series of postas).
I feel heartfully sorry for the injured party but I think the judgement was fair.
Not sure either, but I think Peter Sagan did it the other day at the 3 days of de Panne
If it was defective when purchased isn't it more of Saracen's fault???
As stated the steerer tube was not perfect, even though Halfords put it together (which is never a good thing!) the fault was caused in the Saracen factory.
Suggest you look up the terms of the Sale of Goods Act.
British law holds the retailer responsible for defects at the point of sale. The retailer may then in turn have a case against the manufacturer or wholesaler they purchased it from.
"British" law?
Yesss.
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"Nothing wrong with bike when it was bought, court finds"
Apart from the fact it was a halfords bike in the first place #bikesnob
is that #bike snob or #bikes nob?
Careful now, you'll have that Boardman chap turning up at your door to have a word.
Sounds like a fair judgement with the facts presented. If you hit something, I think it's fair to expect something to break, possibly catastrophically...