When you make a purchase, especially of a widely used and celebrated piece of fitness equipment, you expect it to work. At the very least, you expect it not to injure you. Unfortunately, our client learned that is not always the case.
In this case study, we will explore a product liability case involving a defective e-bike. Attorney Melissa Mosier, with assistance from Case Manager Matt Higdon, worked diligently to maximize the settlement amount for their client, whose life took an unexpected turn after a harrowing accident caused by the malfunction of her electric bicycle.
To protect the identity of our client and comply with the confidentiality terms of the settlement, the manufacturer of the e-bike and our client will not be named.
Sudden Acceleration Causes E-Bike Crash
Our client, an active woman with a love for tennis, walking her dog, and yoga; received an electric bicycle as a Christmas gift from her husband. During almost the year-and-a-half that she owned the bike, she enjoyed riding it and took care that it stayed in good condition.
Little did she know that a routine ride near her home would turn into a nightmare. While setting out on a familiar route one spring day, the e-bike unexpectedly accelerated rapidly from a stop, throwing her off and causing her to crash, landing on her left side. The aftermath left her with excruciating pain in her left knee and lacerations to her face, prompting a visit to Urgent Care. While at Urgent Care, she began experiencing an intense headache and was swiftly transported to Hilton Head Island Hospital’s emergency department.
Soft Tissue Knee Injury Requires Surgery
She was discharged from the hospital with plans to follow up with an MRI, as it is difficult to uncover the true extent of tendon and ligament injuries with X-rays. During the MRI, it was determined that the severity of the knee injury necessitated ACL reconstruction with bone-patellar tendon-bone allograft and the removal of a substantial portion of the posterior horn of her lateral meniscus. After the surgery, she underwent physical therapy for seven months, a testament to our client’s resilient attitude.
The physical trauma also manifested in her left eye, where she frequently experienced floaters and squiggly lines. A visit to the eye doctor confirmed a retina hemorrhage, posing an increased risk of retinal detachment. This injury, both painful and annoying, will require ongoing follow-up visits to monitor potential complications.
Manufacturer Negligence and a Late Recall Notice
To add insult to injury, a recall notice arrived at our client’s house just days after the incident. In the notice, the manufacturer acknowledged the e-bike’s propensity for sudden acceleration, the exact malfunction that led to our client’s horrible fall. The manufacturer issued this recall after an unknown number of reported incidents.
Attorney Melissa Mosier, who is well-versed in cases involving defective products, recognized the complexity involved. “In these cases, having an attorney with experience related to recalls is crucial because you have to prove certain things, such as that there were no alterations, and that the injury was directly related to the defect.”
To that effect, throughout the case, Attorney Mosier asserted to the manufacturer that her client did not alter her bike in any way and kept it in pristine condition. Mosier encouraged the manufacturer to inspect the bike because of her confidence in the direct link of the accident to the defect. They, however, ignored her requests.
Calculating Pain and Suffering Damages in a Defective Product Case
As our client neared the end of her treatment, she had already amassed substantial medical bills. Plus, she faced possible future treatment for her injuries, which needed to be taken into consideration in the calculation of economic damages.
After determining the economic damages of the case, Melissa turned her sights to the non-economic damages, which include pain and suffering and punitive damages.
“When you feel solid on the liability of a case, then you can start determining damages, and many don’t spend enough time on the damages. I put myself in my client’s shoes, what would the repercussions of this accident be worth to me?” says Attorney Mosier.
Our client was a person who prioritized her health before the accident, and while she worked hard to recover from her injuries, there are enduring scars and pain that are difficult to put a price tag on.
Attorney Mosier’s client-centric approach ensured a fair settlement that accounted for both tangible and intangible losses.
$485,000 Pre-Trial Settlement for Defective E-Bike
Through dedication to justice and accountability, Attorney Mosier produced a favorable outcome for her client in this defective product case. This case serves as a reminder of the importance of choosing the right legal counsel. Not all attorneys have the legal skills and experience to successfully navigate the complexities of product liability, especially when dealing with negligent manufacturers and life-altering injuries.
Joye Law Firm has a track record of success for personal injury cases, including having secured the largest personal injury trial verdict in South Carolina history. Since first opening our doors in 1968, we have dedicated ourselves to making a positive impact in the lives of those who entrust us with their cases. If you or a loved one suffered a catastrophic injury due to a defective product, you are not alone. Our attorneys, case managers, and staff are here to help 24/7. A consultation with a knowledgeable member of our team is always free, and every client gets our No Fee Guarantee, which means if we take on your case, you won’t owe us anything unless we win your case.
Just Call Joye at 888-324-3100 or connect with us online.
Disclaimer: Past results do not guarantee future outcomes.
