Bike repairman tuned up for my wife's bike. One week later, chain snaped and she falled on the ground with minor injury. I returned bike to shop to fix it, their say not their fault for snap/damage, haven't change it, paper say tune up that clean, lube and 50% wore condition that he touched it so he say would charge for replace it, but told him to charge free that fault tuned up, but say not their fault damage, and i don't see any policy for fault liable. I asked him nicely to solve it before my wife would shout at him. Any suggestions?
A tuneup isn't a guarantee that a new problem won't develop after the tuneup. There is an expression in the law, "res ipsa loquitur," which means the thing speaks for itself. Where something happens that just doesn't happen unless someone was negligent, that's a res ipsa case. The famous example involves a barrel rolling out a window and falling on someone. Barrels don't fall out of windows unless someone was negligent.
But bike chains break sometimes, even a week after a tuneup. Bike chains break without anyone being negligent. Remember that in a civil action for negligence the plaintiff at all times has the burden of proving, more likely than not, that the defendant's negligence caused the damages.
Nor is a bike shop the insurer of the bikes they tune up. If you took a car for a tuneup, and a week later it developed problems, that doesn't mean the mechanic caused those problems. Machines develop problems and break.
So my suggestion is, replace the chain on your wife's bike, and don't blame the bike shop.
Not legal advice, just my two cents. You and I don't have a confidential attorney-client relationship. If you need legal advice, please consult a lawyer for an in-person, sit-down consultation based on all the facts and circumstances.
Your question is unclear. Minor injuries make it hard for a lawyer to help your wife, but she should speak to a local personal injury lawyer instead of the bike shop or its insurer.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
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