Seat-post too high = accident

[chernij]

So yesterday I was setting off from traffic lights. I was accelerating and just sat down on my saddle when suddenly it disappeared from under me. I fell over - I was quick enough to un-clip myself from my pedals before I landed on my ankle; I still twisted my back falling over and bruised my whole right-side. So, here's what my bike now looks like:

Rust In Peace. Was a present from my Grandpa aswell. I had no idea about seat-height, and the minimum thing on the seatpost was covered by a mudguard put on by a bike shop (at the same time had the bike checked over). They didn't tell me about the height being too much and gave it back to me, then this happened. I was in traffic but luckily didn't get run over. All the cars decided just to drive around me instead.

Do I have any case at all for the shop to give me a new bike? I mean, I had set the seat height before I took it into them but when they gave it back to me it hadn't changed and they'd even covered the line on the seat post with the mudguard! I thought it was safe to cycle... obviously I was wrong.

 

[Rob3rt]

My advice, suck it up!

Don't bother trying it on with the bike shop!

 

[Mr Haematocrit]

I would not think you had any grounds for the shop to give you a new bike or to receive any compensation. If the shop had set the bike up and sold it to you suggesting it was safe perhaps, however the fact you state that the seat post height was set before you took it into them supports this.
The failure was not due to action taken by the bike shop.
Why did the person who took the seat post past the mininium insertion point, feel it was safe to do so.?

 

[Banjo]

You say you had the bike "checked over" by the shop. What exactly were your instructions to them? If you asked for the bike to have a full safety check then ideally that would be one of the checks.

If not then as they didnt alter it its a bit harsh to blame them for not spotting it.

 

[Lee_M]

I did something to my bike, the bike shop didn't tell me it was wrong, it's their fault.

sounds like the Not the Nine O'clock news sketch when the Electricity Board don't want to do anything about a kitchen flooding

 

[fossyant]

Why did you put the saddle above the minimum ? The bike shop wont be looking for that if told to put a guard on.

Your fault I am afraid.

 

[marzjennings]

Been there and done that, and good lesson to learn about minimum insertion depths. All your fault.

 

[chernij]

Okay, thanks guys. Learnt my lesson...