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PostPosted: Thu Apr 12, 2012 11:59 am 

Joined: Mon Jan 21, 2008 12:09 pm
Posts: 2643
If a manufacturer identifies a defective bike or component and issues a recall, does that absolve them of liability for future failures that may cause injury or even death? is the retailer responsible for notifying the buyer? Does either keep track of who bought their bike/component? This tragic story had me thinking about the issue. I have discovered recalls on bikes/parts I purchased long after they were issued and that I had never been informed about. In some cases the retailer was oblivious to the recall. In most cases, the notification was filed away somewhere and they only became aware of it when I brought my bike/part in for upgrade/replacement with a copy of the recall I found online somewhere. generally, I have found out about the recalls by accident... someone told me about it, I saw an article online, or was researching the purchase of an item. In any case, this seems like the subject of a contentious lawsuit. His survivors will sue because he dies as the result of the failure of a defective part (presumably). The defense will claim he was negligent because he failed to comply with a recall (that he may have never been informed of). It's very tragic.

http://m.tauntongazette.com/wkdTGazette ... d=htlShlsr

PostPosted: Thu Apr 12, 2012 12:09 pm 
User avatar

Joined: Sat Jun 26, 2010 11:43 am
Posts: 452
I think it's pretty much impossible for the manufacturer to know who has bought something. It might even more difficult for a local store to keep track of who is buying what, you can just walk in at any time and buy something without even giving your name. Online stores though are a different story, it's very easy to sort the database by person-email who bought a specific item. The problem occurs though when they don't have the resources to do that, because it obviously requires time. No idea about liability though.

Planet-X Nanolight HM - 5.63kg

PostPosted: Thu Apr 12, 2012 2:49 pm 

Joined: Wed Jun 10, 2009 2:16 pm
Posts: 363
Location: Austin, Texas
If the manufacturer could prove that the customer knew of the recall but chose to ignore they may be safe. Otherwise, I believe a good lawyer would secure a civil judgement win of some sort against Cervelo or True Temper.

PostPosted: Thu Apr 12, 2012 6:58 pm 
in the industry
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Joined: Sun Nov 21, 2004 2:45 pm
Posts: 2874
Location: London, UK
I suspect that any attempt to lay blame at Cervelo's door this long after a very public mandatory recall on their forks will fail. Recalls in cases where a product is dangerous are pushed very very hard in the UK. The Cervelo one was compulsory and Madison were very proactive, advising all of their accounts through their B2B site as well as via email.

PostPosted: Thu Apr 12, 2012 7:10 pm 

Joined: Mon Oct 31, 2005 7:11 pm
Posts: 1200
Location: Out there
As long as the manufacturer has made every effort to track down their customers there is little else that they can do.

PostPosted: Thu Apr 12, 2012 8:17 pm 

Joined: Mon Mar 19, 2012 3:31 pm
Posts: 459
This is why, as a tubsie, I draw the line at ultra lightweight carbon frames, pencil thin carbon seatstays, and ultra lightweight wheels;we all remember that TdF moment when a rider folded his front Lightweight hitting an unharmed labrador at close to walking pace. And I stick with the biggies- World proven wheels, the Elites, the same for components, Campag, and a strong frame. I'll WW my bottle cages and saddle though, and perhaps my wheels up to a point.

PostPosted: Fri Apr 13, 2012 4:39 am 

Joined: Mon Mar 12, 2012 4:43 pm
Posts: 329
The only thing I can contribute to this thread is that Rocky Mountain is top notch. I discovered through a google search that my Rocky Mountain CX-fork had a recall. I had instant replies via e-mail, and the new fork was sent priority from Canada. To my knowledge, Rocky Mountain is now free of "freak" accidents regarding the fork unless it also becomes a recall ... BUT Rocky Mountain is in full effect.

I hope this helps.

PostPosted: Fri Apr 13, 2012 6:53 am 

Joined: Sun Sep 28, 2008 2:23 am
Posts: 655
Location: so. cal.
well at least when it comes to road frames most bike shops take your name phone# or email to register the buyer for warranty purposes, they should have a reasonable way to notify the user about recalls (some wheels companies do the same).

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