We have acted for a client who was involved in an incident where he was ‘doored’ by a car driver as he cycled past. His bike was extensively damaged and was taken to a cycle shop where he asked for it to be made roadworthy and safe to use. Two weeks afterwards, he had a second cycling accident when the carbon forks collapsed causing him to hit his head and fracture his cheekbone.
A claim was made against the cycle shop for failing to replace the forks and to make the bike safe as requested. Liability was disputed throughout and there was much debate as to what was said when the bike was taken in for repairs but it was accepted that if there is a front on collision between a bike’s wheel and a hard object, it would be sensible to replace the forks. Defects in carbon frames and forks can often be very difficult to see with the naked eye.
Our client’s cheek recovered after surgery but he has been left with neurological symptoms and cognitive deficit as a result of the blow to his head. Thankfully he was wearing a helmet which may have reduced the extent of the injury.