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.
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