Can we make a claim?

UPDATED: Sep 30, 2022

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Can we make a claim?

Hi, my partner had a very serious accident recently, and I was wondering if there was any point in us persuing a claim.

The details are as follows
We went to test ride electric bicycles from Halfords.
Upon getting the bicycles, we didn’t sign anything, give any details except our passports and address.
We weren’t offered any helmets, we had to be persistant until they finally gave us some.
As my partner was testing a mountain bike, we were encouraged to ‘take it off roading’ to get a feel. They recommended we go to a local park and try the bike on some grassy embankments.
This is where my partner fell, we are unsure whether the wheel hit a tree root/pothole or whether the wheel locked, but he fell really hard and if it wasn’t for the helmet, he would be dead.
He spent the next week in hospital with traumatic brain injury, and I spent well over a hundred pounds on food, and taxis to and from the hospital.
He is now under my care for the next few weeks.
Halfords were going to charge us for damages to the bike, but they have decided to drop them now.

I have been looking at no win no fee injury claims, as I feel there needs to be stricter policies towards health and safety when test riding bicycles from Halfords.

Thank you so much for your time.

Asked on April 30, 2017 under Personal Injury, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Legally, based on what you write, they are not liable since they did not cause the injury: your partner may have been encourgaged to go offroading, but he wasn't forced or coerced into doing so--he chose to do so. His own volitional act or choice breaks the causal chain and absolves the shop of responsibility: person or businss A is not liable for what person B does, even if B did it at A's urging, so long as B could have chosen to not do it. Being given bad advice does not equate to legal liability.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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