Description
Bicycle supplier not liable for cyclist's injuries as defect in bike had been caused by previous accident and was not present when the bike was supplied.
Claimant ('C') lost control of his bike while riding on a cycle path causing him to fall and sustain serious head and facial injuries. The tube that connected the front wheel forks to the handlebars had fractured. C alleged that a defect had been present from the moment of supply and had caused the fracture that caused the accident.
It was held that the scientific evidence indicated that there had been a prior event in the course of which the tube had been bent and then subjected to an amateur attempt at repair. The Defendant ('D') had therefore shown there was nothing defective about the bike's design or assembly. The fracture most likely occurred because of the index accident and was not the cause of it.
