Man who was paralysed sues Planet X for £10 million

[albion]

Makes me wonder about carbon and steerer tubes. New, you have to set them upm edact. Old, luck of the gods?

 

[rualexander]

That's not the way it works in the UK. The retailer is responsibility for providing a product that is fit for purpose and if it's not fit then their insurer picks up the tab. Of course, the insurer has the option to chase the distributor/manufacturer if they so desire. Likewise, it is not the responsibility of the claimant to prove that the forks were defective it is the retailer (or in this case insurer) that has to prove they were.

Also, under the Consumer Rights Act 2015, if a product develops a fault in the first six months after sale then the fault is presumed to have existed at the point of sale, unless the retailer can prove that the consumer caused the fault.

 

[the snail]

Also, under the Consumer Rights Act 2015, if a product develops a fault in the first six months after sale then the fault is presumed to have existed at the point of sale, unless the retailer can prove that the consumer caused the fault.

That's not the way it works in the UK. The retailer is responsibility for providing a product that is fit for purpose and if it's not fit then their insurer picks up the tab. Of course, the insurer has the option to chase the distributor/manufacturer if they so desire. Likewise, it is not the responsibility of the claimant to prove that the forks were defective it is the retailer (or in this case insurer) that has to prove they were.

I don't think this is correct. If px or their insurers are sued, then the burden of proof would be on the plaintiff to show that the fork was defective and that was what caused the rider's injuries. If the bike was being used outside of its designed usage, that might put some of the responsibility on the rider.

 

[Bristolian]

I don't think this is correct. If px or their insurers are sued, then the burden of proof would be on the plaintiff to show that the fork was defective and that was what caused the rider's injuries. If the bike was being used outside of its designed usage, that might put some of the responsibility on the rider.

Sorry, but you are wrong. The onus of proof is on the insurer NOT the purchaser and the law presumes that the fault existed at the point of sale, as stated by rualexander (allowing for the statute of time on that clause).

 

[Alex321]

Unlikely. Bikes compete on weight and forks can be a weak point. For ebikes with front motors steel has to be used, even aluminium alloy being too weak.
Plus, it might well be that cheaper heavier carbon frames are far safer than high end ones.

For "unlikely", read "almost certainly".

If it ere not a freak occurrence, we would be hearing about them all the time, and corrective action would have been taken to make it into a freak occurrence.

 

[albion]

It is not. Read between the lines in this.
https://en.brujulabike.com/why-forks-break-road-bikes-solution/

I think batch failures are hard to pinpoint, this also missing out conversation on lay-up issues.

 

[Alex321]

It is not. Read between the lines in this.

I prefer to read the lines, which make it quite plain that it IS.

 

[albion]

I prefer to read the lines, which make it quite plain that it IS.

Recalls have little to do with maintenance.

 

[Ajax Bay]

It is not. Read between the lines in this.
https://en.brujulabike.com/why-forks-break-road-bikes-solution/
I think batch failures are hard to pinpoint.

Well the article is titled: "Why forks often break on road bikes and what is the solution?". Breaking news: they don't!
"a broken fork, something unusual . . . when it happens, it is not usually a material failure but is related to the maintenance we do on our bike." So "unusual" (means very very unusual btw): not "often". And I don't really agree that you can blame fork failure on poor maintenance. A fork should be 'maintenance free'.
The 'solution' btw is said to be:

• Don't overtighten the stem
• Don't have the steerer tube too long with lots of spacers above the stem
• Inspect the lower headset bearing/seating and take remedial action if it's not right (movement exempt rotational)
• Check for cracks (!) especially after a crash

I understood that these high profile fork failures had been predominantly at the crown in carbon forks with an alloy steerer and the bonding (or whatever mechanism) failed not as a result of design (otherwise loads would fail and that'd be reported/widely known and likely some recalled (Specialized, Merida and BMC)) but 'freak occurrence' manufacturing flaw/defect/failure.
I am not suggesting that even one fork catastrophic failure is 'acceptable' but if carbon is used for this component this is a risk.

 

[albion]

There have been lots and lots of carbon recalls. Deaths do not always occur. However recalls are usually too silent resulting in needless deaths.

 

[Alex321]

Recalls have little to do with maintenance.

Of course.

Not sure what point you think you are making there though, since nobody has suggested they might.

 

[Deleted member 121159]

• Don't have the steerer tube too long with lots of spacers above the stem

I heard this before. Why does this increase the risk of damaging the steerer tube?

 

[Ajax Bay]

I heard this before. Why does this increase the risk of damaging the steerer tube?

Because the stem is secured on the steerer tube and tightened but the top bung is not inside that part of the tube, so there's a risk of compression failure (likely the Hincapie fail - see video link above).

 

[StuAff]

I heard this before. Why does this increase the risk of damaging the steerer tube?

After some months riding the Tripster I had to adjust my bars after discovering I had too many spacers
"No more than 40mm of spacers to be used (above and below the stem combined) for aluminium steerer tubes, and 30mm for carbon steerer tubes. We recommend at least Smm of spacer above the stem, so the preload
cap is loading against a spacer not the stem itself". I had about 50mm and it's a carbon steerer…a flipped stem was enough to get the same position with warranty-approved number of spacers.

 

[Deleted member 121159]

Because the stem is secured on the steerer tube and tightened but the top bung is not inside that part of the tube, so there's a risk of compression failure (likely the Hincapie fail - see video link above).

After some months riding the Tripster I had to adjust my bars after discovering I had too many spacers
"No more than 40mm of spacers to be used (above and below the stem combined) for aluminium steerer tubes, and 30mm for carbon steerer tubes. We recommend at least Smm of spacer above the stem, so the preload
cap is loading against a spacer not the stem itself". I had about 50mm and it's a carbon steerer…a flipped stem was enough to get the same position with warranty-approved number of spacers.

I get the idea that it's to do with the compression plug and where the stem clamps on the steerer tube. But is it risky if they overlap so the stem is tightening from outside and the compression plug is expanding from inside at the same time; or is that desirable?

edit: I think I understand now; so the compression plug should be long enough to cover (most of) the length of the stem.