When a “Professional” Undertakes a Task, He Has an Obligation to do so in a Reasonable Manner

Attorney Scott Murray recently resolved a case for snowbird who was injured when his bicycle failed due to the negligence of the bicycle store where he bought it.

Our client went to a local bicycle store to purchase a bicycle that was similar to the bicycle he had at home up north. Relying upon the “expertise” of the bicycle store and its employee, our client purchased a bicycle that was suggested and setup by the bicycle store.

While riding the bicycle one day the seat post failed causing our client to fall to the ground and suffer a bimalleolar fracture – which is an extremely painful fracture of two bones in the area of the ankle as depicted below.

A medical depiction of a Bimalleolar Fracture

After the fall, and after contacting Murray Guari Trial Attorneys, we learned through a retained expert that the bicycle sold to our client was two frame sizes too small and the seat post was adjusted too high for our client’s height and weight causing the failure depicted below – with the metal peeling away.

Photo of a bike frame with seat metal peeling back

Naturally, the insurance company for the bicycle store wanted to blame our client and blame the manufacturer for this failure – doing everything but looking at themselves for the failure. Ultimately, we had to file a lawsuit to protect our client’s rights and alleged that the bicycle store was negligent for selling a bicycle that was too small, adjusting the bicycle improperly beyond manufacturer specifications for our client’s height and weight, and for failing to properly train its employee who sold and setup the bicycle. When a party undertakes an action, such as setting of a bicycle for use by a customer, they have a duty or obligation to use reasonable care so as to not cause harm to others – which the bicycle store failed to do here.

Our client’s injuries were able to be traced back to the bicycle store, even though no one from the bicycle store was at the scene when the fall happened, and the fall happened over a year after purchasing the bicycle. In the end, we were able to recover a gross settlement of $250,000 from the bicycle store due its negligence and the negligence of its employee.

When you or a loved one are injured due to the fault of another, you need attorneys who have the knowledge and skillset to chase down leads and hold negligent parties liable.

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