Your opinions appreciated chaps...

 

On Thursday I went out for a bike-ride on my Scott mountain bike which I bought new 4 weeks ago. Riding beside a wire fence, I did a small-ish jump but got a funny bounce on landing which threw me into the fence- the main injury I sustained was a deep gash to my knee (I could see my kneecap bone) which needed stitches later in hospital. Less severe was smacking my head on a concrete fence-post (no obvious injury thx to my head protection :bow: ) and a wrenched litle finger which got caught in the fence just before the main impact.

 

I've just had a closer look at my bike, and the pivot point by the BB was unsupported on one side- a cylinder goes through the one arm, the frame, and then the other arm, and should be held in place by a bolt. No bolt is present, and the cylinder has been trying to slide out the non-bolt side. The only thing keeping it in place is the granny ring, where it's been rubbing. It was pushed through enough that one of the arms was completely un-suspended, which explains why I got a funny bounce.

 

Here's the thing- on my very first ride out, I noticed a rubbing noise, but it only seemed to happen in certain gears. More recently there's been a clanking noise when bouncing on the bike. I was going to get them both checked out at the 6 week service, but I now reckon the rubbing was the cylinder against the chainring, and the clanking was the free arm hitting the frame.

 

The big question is:

 

Do I go to one of these legal claim services to sue either the bike shop or Scott (who-ever put the bike together)?

 

Is it the kind of thing that the rider should be checking before and after each ride, or as a brand new bike is it something that you should expect to be sound from the outset? More to the point- can I blame anyone else if it's been like it since day one and I knew something was wrong?

 

Obviously my injuries were nothing really, so would I not get much back anyway?

 

Answers on a post-card, or rather in the poll...

 

Mark

I wouldn't have thought you would be able to get much compensation even if you were entitled to it. The shop appear to have a duty of care to the "roadworthiness" but they could alsso argue that your little jump was misuse regardless of whether or not it was. Just my thoughts.

I wouldn't have thought you would be able to get much compensation even if you were entitled to it. The shop appear to have a duty of care to the "roadworthiness" but they could alsso argue that your little jump was misuse regardless of whether or not it was. Just my thoughts.

 

Sounds reasonable to me as well.

 

Personally I'd just chalk the whole thing up to experience.......and take more care next time :mac1:

 

Richard :smw:

I'm presuming it's a f/s bike?

If so, then it should be able to withstand a 'little' jump.

The way these bikes are advertised you'd think they

could withstand any amount of abuse.

Scott are not your usual catalogue bikes either, they

should be up to the job.

 

For the record: i used to have a fx g-zero scott f/s bike.

It was crap, everything used to creak, especially the crank.

Took it back to the shop, they didn't want to know :headvswal

Have a Kona now, excellent bike, no probs at all.

Yes it's a f/s.

 

Cheers chaps, I was just about to bubble over when I realised what the problem was! I've calmed down a bit now...

 

I agree with Sideshow Bob- they should be able to take a certain amount of "rough" use. I'll get back to the shop early next week and see what they have to say...

 

Mark

It wont hurt to ring one of those numbers? Make sure its a reputable firm not cowboys. They will advise you if you have a case or not. But if not try 2 or 3 because some will only take you on if its a dead cert. Good luck.

speaking as an MTB'er, i'd say this is purely your own fault, sounds to me like you lost a crank bolt, you will almost certainly find in the handbook that checking crank bolts is one of the checks you should make before going on any ride because they have a habit of coming loose. You will also find some small print about how any personal injury is not their problem. I'll take full responsibilty for my own actions when im out on my bike, and if my frame snaps and I end up face planting a tree then it'll be put down as experience.

also worth noting is that unless it's a "stunt bike" (as halfords would put it ;)) you're not supposed to do ANY jumps or "tricks" on it, as this isn't the purpose set out in the product description.

 

(went through this when I bought a f/s bike from them and had the rear sus crack from the frame)

 

Also, like you say, you knew something was wrong before you went out on it.. which in legal terms almost solidifies it as being your fault :(

 

As for getting the bike company to fix it... it's always worth a shot, but I doubt you've any "legal" grounds for it. :(

 

Hope you're leg heals well :)

fit for use is the term your looking for....was it...and if not how

Yes it's a f/s.

 

Cheers chaps, I was just about to bubble over when I realised what the problem was! I've calmed down a bit now...

 

I agree with Sideshow Bob- they should be able to take a certain amount of "rough" use. I'll get back to the shop early next week and see what they have to say...

 

Mark

 

Mark like I said see if the LBS well help you out..

 

I put it down to experience one of those things.. Like I had no problems with my MC50 and I been give it some abuse for the last 8-9 mouths with drop offs, drop ins and a couple 2 1/2 foot high jumps.. With no troble at all, but then it cost £1500 so it should be up for it..

 

 

Jay

AdamR is the person to talk to, if you are not one of the people who constenty insults him.

He owns a mountain bike shop....

I think that you will be hard pushed to prove that the nut wasnt there when it left the shop, also you should have had the bike checked when you thought something was amiss, rather than riding it until it went wrong. Not having a pop bud, but the "no win , no fee" lot are just feeding a blame culture where someone must pay for everything wrong in life, I would chalk it up as a lesson learnt.

its also worth trying the manufacture or shop first as they do like to keep their customers happy (especially vauxhall customer care) it may not be a million quid and a bag of jelly tots but worth trying first before the no win no fee way and i would presume a large cycle manufacturer will have a large legal department due to what their bikes are intended for so will probably come out on top which will injure a little bit of pride not just ya knee (fckig owch by the way) but just see if the shop or the manufactures will be obliged to sort something out

Funnily enough I remembered that, wot with being sad and all, I took a (digital) picture of the bike before I rode it at all, so I could see what it used to look like when clean and unscratched!

 

It's a bit blurry in the important area (d'oh) but if I can compare it with a pic of the non-drive-side bottom pivot of a normal bike I can at least see if anything was missing from the outset. Not concrete proof, what with it being possible to falsify file dates etc. Might help tho.

 

Cheers for the thoughts tho guys :)