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Date: 03 Aug 2007 17:26:28
From: Colin Nelson
Subject: Marin Rift Zone Bars faulty
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Following an accident caused by one side of the handlebar snapping/breaking off a cyclist took the supplier to the High Court - and won. Judgement here :- http://www.bailii.org/ew/cases/EWHC/QB/2007/1667.html Interesting finding. -- Colin N. Lincolnshire is mostly flat ... But the wind is mostly in your face
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Date: 09 Aug 2007 09:04:16
From: fltchrprtt@gmail.com
Subject: Re: Marin Rift Zone Bars faulty
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On Aug 3, 1:26 pm, "Colin Nelson" <colin.nels...@ntlworld.com > wrote: > Following an accident caused by one side of the handlebar snapping/breaking > off a cyclist took the supplier to the High Court - and won. Judgement here > :-http://www.bailii.org/ew/cases/EWHC/QB/2007/1667.html > yes, a proper case here, but it still don't correct the head injury. why ride like it's a race if you're not getting paid? you get the same amount of exercise at slower speeds on an amateur bike. a healthy heart is a healthy heart. what i see as important: if someone else built the bike, be cautious and 'over worried', don't trust a bike that someone made and don't have to ride. And if you build the bike, know what you're doing and remember that you have no one else to blame. it's also just plain scary to read a case where a helmet failed under 'normal' riding conditions. especially after being saved by one for stupid riding.
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Date: 04 Aug 2007 05:33:53
From: Chalo
Subject: Re: Marin Rift Zone Bars faulty
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Michael Press wrote: > > "Although he was wearing a cycling helmet, Mr Ide > sustained a very severe closed head injury with > significant brain damage. He has suffered permanent > neurological and neuropsychological damage with > impairment of cognitive function. There was another > minor injury to the inside of the left thigh about six > inches above the knee." > > One case where a helmet failed to prevent a leg injury. Thompson, Rivara, and Thompson aren't listening. They've already made they're point and cashed the checks. Chalo
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Date: 04 Aug 2007 04:56:35
From: Michael Press
Subject: Re: Marin Rift Zone Bars faulty
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In article <8zJsi.1867$ka7.334@newsfe4-gui.ntli.net >, "Colin Nelson" <colin.nelson2@ntlworld.com > wrote: > Following an accident caused by one side of the handlebar snapping/breaking > off a cyclist took the supplier to the High Court - and won. Judgement here > :- > http://www.bailii.org/ew/cases/EWHC/QB/2007/1667.html > > Interesting finding. "In general, if you notice at any time a crack or bend in the frame, stem or bars of your bicycle, stop riding it immediately. Take it to the dealer where you purchased the bicycle and have them inspect it for possible damage". If a mechanism requires this disclaimer from the manufacturer, it is not fit for the purpose for which it is sold. This is prima facie evidence for the liability of the manufacturer. "Although he was wearing a cycling helmet, Mr Ide sustained a very severe closed head injury with significant brain damage. He has suffered permanent neurological and neuropsychological damage with impairment of cognitive function. There was another minor injury to the inside of the left thigh about six inches above the knee." One case where a helmet failed to prevent a leg injury. -- Michael Press
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Date: 03 Aug 2007 19:43:28
From: jim beam
Subject: Re: Marin Rift Zone Bars faulty
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Colin Nelson wrote: > Following an accident caused by one side of the handlebar snapping/breaking > off a cyclist took the supplier to the High Court - and won. Judgement here > :- > http://www.bailii.org/ew/cases/EWHC/QB/2007/1667.html > > Interesting finding. > > classic "experts carefully selected, then tied in knots by lawyers" outcome. fact: aluminum fatigues fact: it was used regularly for 3 years in a fatigue environment fact: it is a mid/low end bike. and as the old saying goes, "cheap, light, reliable - choose any two." given the above, and that the manufacturer specifically warns that the lightweight components: "need to be inspected and replaced periodically", i'd throw this out. but this case was not about the facts, it was about the arguments presented by the lawyers. particularly when they conclude that it was impossible to distinguish between the handlebar failure as the cause or the result of the accident.
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Date: 09 Aug 2007 09:49:47
From: David L. Johnson
Subject: Re: Marin Rift Zone Bars faulty
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jim beam wrote: > fact: aluminum fatigues > fact: it was used regularly for 3 years in a fatigue environment > fact: it is a mid/low end bike. 1,300 pounds defines a mid/low end bike? -- David L. Johnson Let's be straight here. If we find something we can't understand we like to call it something you can't understand, or indeed even pronounce. -- Douglas Adams
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Date: 04 Aug 2007 09:07:26
From: Colin Nelson
Subject: Re: Marin Rift Zone Bars faulty
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"jim beam" <spamvortex@bad.example.net > wrote in message news:4MmdnQDqlq5Mei7bnZ2dnUVZ_gSdnZ2d@speakeasy.net... > Colin Nelson wrote: > > Following an accident caused by one side of the handlebar snapping/breaking > > off a cyclist took the supplier to the High Court - and won. Judgement here > > :- > > http://www.bailii.org/ew/cases/EWHC/QB/2007/1667.html > > > > Interesting finding. > > > > > > classic "experts carefully selected, then tied in knots by lawyers" outcome. > > fact: aluminum fatigues > fact: it was used regularly for 3 years in a fatigue environment > fact: it is a mid/low end bike. > > and as the old saying goes, "cheap, light, reliable - choose any two." > > given the above, and that the manufacturer specifically warns that the > lightweight components: "need to be inspected and replaced > periodically", i'd throw this out. but this case was not about the > facts, it was about the arguments presented by the lawyers. > particularly when they conclude that it was impossible to distinguish > between the handlebar failure as the cause or the result of the accident. I can well imagine the 'fun' that lot would have if they were to be involved in a case regarding 'Spokes, Tension and rims/wheels/hubs - suitability and safety/reasonable durability issues' . -- Colin N. Lincolnshire is mostly flat ... But the wind is mostly in your face
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Date: 04 Aug 2007 03:56:03
From: Clive George
Subject: Re: Marin Rift Zone Bars faulty
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"jim beam" <spamvortex@bad.example.net > wrote in message news:4MmdnQDqlq5Mei7bnZ2dnUVZ_gSdnZ2d@speakeasy.net... > classic "experts carefully selected, then tied in knots by lawyers" > outcome. Not sure about that one.. > fact: aluminum fatigues > fact: it was used regularly for 3 years in a fatigue environment > fact: it is a mid/low end bike. > > and as the old saying goes, "cheap, light, reliable - choose any two." If so, Marin chose the wrong pair : for a mid/low range bike from a manufacturer like them, they need to choose cheap + reliable, not cheap + light - and that's what normally happens. (for one thing, it gives them an excuse to sell their more upmarket kit) > particularly when they conclude that it was impossible to distinguish > between the handlebar failure as the cause or the result of the accident. Not sure about the legal bits of that, but I thought it was reasonably clear that the handlebar failure was the cause of the crash. cheers, clive
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Date: 03 Aug 2007 17:44:23
From: DanKMTB@gmail.com
Subject: Re: Marin Rift Zone Bars faulty
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On Aug 3, 1:26 pm, "Colin Nelson" <colin.nels...@ntlworld.com > wrote: > Following an accident caused by one side of the handlebar snapping/breaking > off a cyclist took the supplier to the High Court - and won. Judgement here > :-http://www.bailii.org/ew/cases/EWHC/QB/2007/1667.html > > Interesting finding. > > -- > Colin N. > > Lincolnshire is mostly flat ... But the wind is mostly in your face I don't like the bars on that bike anyway. This is as good an excuse as any to get around to changing them. Thanks.
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