What type of recourse do I have if I got my bike from the repair shop but when I went out or a ride and the rear wheel came loose an I was injured?
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What type of recourse do I have if I got my bike from the repair shop but when I went out or a ride and the rear wheel came loose an I was injured?
I flipped over the handle bars and am in pain.
Asked on April 24, 2012 under Personal Injury, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If a repair shop is negligent, or careless, in how they do work and that negligence causes property damage or injury, the shop may be liable to the injured person. However, in our legal system, the amount of compensation to which you are entitled (e.g. what you could recover in a lawsuit) is generally limited to: actual value of property damage; actual unreimbursed or out-of-pocket medical costs and other expenses caused by the accident; lost wages, if any; and "pain and suffering" for *serious* injuries--ones causing disabilty, disfigurement, or interference with normal life functions for more than a brief period of time. Generally, pain and suffering awards are related to and commensurate with the medical costs; if you did not incur significant medical costs, you are unlikely to be able to recover a meaningful amount for pain and suffering. Therefore, if you were fortunate enough to not be badly injured, not have large medical costs, not lose an appreciable amount of wages, and not have significant property damage, it is unlikely that you could recover enough to make a lawsuit economically worthwhile.
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