Bicycle Wheel Malfunction

Who bears responsibility for an accident caused by a loose bolt in a bike purchased from the store fully assembled?

Who bears responsibility for an accident caused by a loose bolt in a bike purchased from the store fully assembled?

We recently read an article published on the American Association for Justice website about an interesting case in the state of Washington.

The details are as follows:  A man purchased a fully assembled bike at a store.  A few weeks later he took his first ride.  As he was pedaling downhill, the bike stopped suddenly and the man was thrown from the bike.  After the accident, the front wheel was turned in a 90 degree angle to the direction he was traveling.

He suffered a dislocated right shoulder and required physical therapy.  His pain continues, however. The plaintiff has limited range of motion in his shoulder as a result of this bike crash.  This prevents him from doing anything that involves reaching. The accident victim cannot participate in his regular activities like hiking, swimming, biking, and other sports.

An investigation discovered that a quill-stem bolt (the bolt that holds the handlebars to the stem assembly which holds the front tire) had not been properly tightened.  This caused the front wheel to move in one direction despite the handlebars being moved in the other direction.

The man sued the store as well as the contractor hired by the store to assemble the bike.

The trial court granted summary judgement for the store; the facts demonstrate the store had no agency relationship or control over the bike assembler, and should therefore not be a party to the suit.

The contractor argued the man must have tampered with the bike AND that he failed to heed a warning on the bike to test it before riding

The plaintiff conceded he did not pay attention to the warning, and that the accident probably would not have happened if he had.

The jury allocated fault 75% to the contractor and 25% to the plaintiff.  The award was $235,000, of which the defendant is responsible for about $176,000.

Would the outcome have been the same here in Virginia?  According to Ashburn Virginia bike crash lawyer Doug Landau,”Absolutely not.  In the Commonwealth of Virginia, the defendant (the contractor) would have prevailed and the plaintiff (the injured cyclist) would have gotten nothing. Why?  Because Virginia adheres to the doctrines of Contributory Negligence and Assumption of the Risk. These legal doctrines hold that there can be no verdict if 1) the injured plaintiff bears any responsibility whatsoever for the injury; or 2) the plaintiff was even 1% at fault for assuming the risk involved with the activity in which he or she was injured.”

Sports injury lawyer Doug Landau has seen these legal doctrines in action in his home state of Virginia many times! That’s what makes these kinds of cases extremely difficult to win in the Commonwealth.  Read more here.

If you or someone you know has been injured due to the negligence of another and there are questions as to what laws apply, email or call Abrams Landau, Ltd. at once (703-796-9555).

A Simple Stretch to Ease Low Back Pain

Athletes – and runners in particular — are particularly susceptible to low back pain.

Herndon Triathlon Lawyer Doug Landau came across an easy exercise that helps to reset the body after the repetitive stresses it endures in training, running, or even just sitting for long periods of time.  It is called the Double-Leg Pelvic Tilt.  Click here to watch a quick video demonstrating how to do it.

Try it – It is quick, you do not need any special equipment, and it will really help!

 

Take Me Out at the Ball Game ?!!?

Does a spectator sitting in the grandstand hit by a ball at a baseball game stand a chance at a lawsuit?

Herndon Baseball Sponsor Appreciation Night at Herndon High School - Doug Landau of the Herndon law firm ABRAMS LANDAU supports Hornets Sports

Herndon Baseball Sponsor Appreciation Night at Herndon High School – Doug Landau & the Herndon law firm ABRAMS LANDAU have long supported Hornets Sports

In the summer of 2010, a trip to the ball park for a Georgia man and his 6-year -old daughter turned disastrous.  According to an article in the Atlanta Journal-Constitution, a “line drive sliced over the visitor’s dugout and into the crowd before anyone could get out of the way. The foul ball, struck at the August 30, 2010, Braves-Mets game at Turner Field, slammed into the head of a 6-year-old girl, fracturing her skull, damaging her brain.”

Earlier this year, the girl’s father filed a lawsuit against the Atlanta Braves and Major League Baseball (MLB), charging that the Braves and MLB failed to protect Read the rest of this entry »

"Helmet a Day" Campaign Reaches Loudoun County

Before giving a new free Bell helmet to each 5th grader at Rolling Ridge Elementary School in Sterling Virginia, Doug Landau teaches the students about brain injury and bike safety

Before giving a new free Bell helmet to each 5th grader at Rolling Ridge Elementary School in Sterling Virginia, Doug Landau teaches these Loudoun County Public School students about brain injury and bike safety

After last year’s success in educating students about brain injury and giving out free bicycle helmets, a goal of 365 helmets was set for 2012.  The campaign was to be “a helmet a day” to protect school children from preventable head injury.  Setting goals and achieving them is a common occurrence at the Herndon law firm ABRAMS LANDAU. 

All cyclists, rollerbladers, long boarders and skate boarders should wear head protection.  To that end, Herndon sports injury lawyer Doug Landau visited with Rolling Ridge Elementary School 5th graders in Sterling Virginia. With the help of Loudoun County Police officers, every child was fitted with their own brand new Bell bike helmet. Lawyer Landau also gave educational presentations and distributed free bicycle helmet to Herndon, Fairfax and Reston 6th graders this month so that the students and their families could learn how to properly wear their bike helmets.  The ABRAMS LANDAU GIVING PAGE on FaceBook has more pictures from these presentations.

Virginia Triathlon Series ends in Bumpass

Giant Acorn Sprint Triathlon 50-54 age group winners

Giant Acorn Sprint Triathlon 50-54 age group winners, Boxley Cove, Bumpass, Virginia

Needing one more race to have the mandatory minimum number to qualify for the Virginia Triathlon Series (“VTS”) age group awards, Doug Landau had his heel taped up and travelled down to Boxley Cove in Bumpass, Virginia for the final event of the season.  The Giant Acorn Sprint Triathlon was held on a cold, rainy day but the water temperature was warm and yet still wetsuit legal.

The road surfaces were wet, but the rain held during the majority of this challenging race.  As usual, Greg Hawkins and his crew put on a fun, scenic and safe event.  There were plenty of volunteers and pizza for every finisher.  Landau has not done any run training since the Reston Triathlon a month ago; the only running the Triathlon Trial Lawyer has done is in the deep end of the Herndon Community Center pool.  Nevertheless, once on dry land, only his friend, client (and eventual Age Group runner-up) Bill Coquelin passed him (during the bike). Landau though he could have caught the faster swimmers in his category on the run, as it was 1/3 cross country, but he ran out of real estate, finishing 5th.  Friend (and part fish !) John Lysher of Fredericksburg again bested Landau, winning the AG and likely taking the series crown.  Landau had a strong race, but Lysher was top 20, and put a great distance during the swim, and he increased it with a powerful bike ride.  After the race, the Athletes Lawyer and Triathlon Coach Rob Colburn (who won his age group handily) stopped at “Moo Thru” on Route 29 for ice cream milk shakes and lunch. The Herndon trial lawyer will likely now not compete in the Fall road races in order to let his plantar fasciitis, tarsal tunnel syndrome and heel spur heal.

Herndon Community Center hosting Jack Corkey Memorial Aquathon

Doug Landau and his nephew are getting ready for the Jack Corkey Memorial Aquathon at the Herndon Virginia Community Center

Doug Landau and his nephew are getting ready for the Jack Corkey Memorial Aquathon at the Herndon Virginia Community Center. Get your blue goggles on !

It’s official ! Check out the Town of Herndon, Virginia’s web site. The Town’s site says, “On Saturday, February 25, the Herndon Community Center will be hosting the Jack Corkey Memorial Aquathon. Please click here for information about the event and for the registration form. Lane availability for lap swimming will be limited in the morning due to this event.” Race information can also be found at the Washington Running Report Triathlon Trial Lawyer Doug Landau and the Herndon Aquatics Center staff look forward to seeing all area multisport athletes at this fun event.

"Double Down" Races, like Successful Injury Cases, Require Advance Planning

Double Down Race Directors presented Herndon Injury Lawyer Doug Landau with his medal after he completed the Runners Den 5km and 10km races in Phoenix, Arizona before the Association fort Justice CLE sessions resumed

Double Down Race Directors presented Herndon Injury Lawyer Doug Landau with his medal after he completed the Runners Den 5km and 10km races in Phoenix, Arizona before the Association fort Justice CLE sessions resumed

Just as the best trial lawyers plan successful case trials well in advance, top endurance athletes often decide on pace, nutrition, gear and even sleep well before the day of the race. Such was the case with today’s race, where sprint specialist Doug Landau was going to be running over a half-marathon in total distance. Rather than run with other lawyers at the Scottsdale Convention site, Triathlon Trial Lawyer Doug Landau chose to run in the competitive 34th Annual Runners Den 5k and 10k races in Phoenix, Arizona. To do so successfully, the Herndon sports injury lawyer had to contend with Read the rest of this entry »

Sports Recovery; Not the Legal Kind, but the Physiological (Workouts have their limits !)

Too much exercise can be counter productive and put you on your butt !

Too much exercise can be counter productive and put you on your butt ! Plan rest, nutrition and recuperation as carefully as you plan your workouts and you will avoid overuse injury

Having studied exercise physiology, I am often taken aback by some of the extreme forms of training and competition being promoted by so-called “sports gurus.” The are recipes for injury, disability and worse. While the human body is indeed a miraculous collection of systems, it is not immortal and our bodies need time to rest and recuperate after the stresses of sports training and Read the rest of this entry »

Reston Bike Riders Loudon County W&OD Crash

Reston bike riders assemble in the Herndon Town lot prior to a fun ride from Fairfax County to Loudoun County

Reston bike riders assemble in the Herndon Town lot prior to a fun weekday ride from Fairfax County to Loudoun County

“Defensive Driving” is not just for motorists.  Even bikers need to ride “defensively” and anticipate unsafe actions by others on the roads, paths and trails.  A group of cyclists from Reston were enjoying the W&OD Trail, just past Leesburg in Loudoun County, when calamity struck.  A little boy about 6 or 7 years old was riding with at least one or two siblings and his father was walking with them.  The child was looking back and rode directly into the bikers’ lane.   While the cyclists yelled warning, and some were able to avoid crashing, but others Read the rest of this entry »

Norman Landau Cup – VTLA Golf Tournament Only for the Brave

or the crazy ! This was no “April’s Fools” but real white precipitation !

Ed Allen and Herndon injury lawyer Doug Landau enjoy the warmth of The Homestead

Ed Allen and Herndon injury lawyer Doug Landau enjoy the warmth of The Homestead

With snow flakes falling in South West Virginia, the lawyers, judges and legislators who signed up to play in the Annual Norman Landau Cup at the Virginia Trial Lawyers convention had to not only contend with a challenging Homestead golf course, cold and wind, but the possibility of losing their balls in the snow ! There was scant accumulation, but while jogging today in order to familiarize myself with tomorrow’s fun run course, where I would serve as a race volunteer, I noted it was hard to see the balls being hit when the flakes were falling ! Hopefully, the foursomes will wait for those ahead to move out of danger, yell “fore” and wear gloves with dry grips. Golf course injuries are no laughing matter, and wet, slippery surfaces increase the danger of golf cart crashes, as I have written in prior posts. No injuries were injured, and the top teams were heartily cheered at the closing banquet. When their fingers thaw out, they hope to shake the hands of all the well-wishers.

Douglas K.W. Landau is admitted to practice in DC, VA, CT, FL, and NJ. Abrams Landau services clients in Washington DC, Pennsylvania, PA, Maryland, MD, Virginia, VA (including Northern Virginia, Fairfax county, Loudoun county, Herndon, Reston, and more), Connecticut, CT, Georgia, GA, Florida, FL, New Hampshire, NH, New York, NY, New Jersey, NJ, Maine, Massachusetts, MA, Rhode Island, RI, North Carolina, NC, and South Carolina, SC.

Information disseminated on this website is intended for informational purposes only and is not legal advice. This information is not intended to create an attorney-client or similar relationship. Please do not send us confidential information. Past successes cannot be an assurance of future success. Whether you need legal services and which lawyer you select are important decisions that should not be based solely upon this website. Please contact: Abrams Landau Ltd. at (703) 796-9555.