Russell Pinder would. His front wheel fell out of his Fox forks causing a crash that lead to paralysis from the chest down.  ... 
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Would You File A Lawsuit If Your Front Wheel Fell Off?


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CaptainCaveman
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PostPosted: Fri 7/Nov/08 12:15pm    Post subject: Reply with quote Report Abuse

philstar wrote:
nostromo wrote:
I don't see why some posters are giving the guy a hard time, I mean IF there is a problem there that did contribute to or cause the crash then the guy sues Fox, gets money, Fox has to make a safer fork.
Why does that get people angry?


the reason is two fold
1) most kiwis find suing distasteful as we don't have a culture of suing because of ACC Double Thumbs Up
2) people as scared that if there is too much suing that the cost of bike parts will be made up of mostly insurance premiums, or worse good companies will go out of business cos its not worth the hassle, of being sued for all your lively hood.


And there is a third - most Kiwis like the idea of personal responsibility.
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Spokes
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PostPosted: Fri 7/Nov/08 12:15pm    Post subject: Reply with quote Report Abuse

Thermo wrote:
Robbie wrote:
Why? all they need is proper tabs that encompass the QR.

My Pace forks for example, very happily have really large tabs that run right around the QR, excepting only the dropout groove.

My old Fox ones, I would not know !


I'm not saying they don't work now - my forks have the same dropouts as yours and they are fine.

I'm saying that with the increasing popularity of thru-axle designs (especially ones that have a QR functionality), forks manufacturers might just decide to flag traditional QR designs in order to avoid POTENTIAL lawsuits.


I can see QRs slowly going but they will never stop making them as people buying budget bikes what the ease of them. Im sure they will go from "real" mtbs.
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Nick_K
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PostPosted: Fri 7/Nov/08 12:20pm    Post subject: Reply with quote Report Abuse

Spokes wrote:
Thermo wrote:
Robbie wrote:
Why? all they need is proper tabs that encompass the QR.

My Pace forks for example, very happily have really large tabs that run right around the QR, excepting only the dropout groove.

My old Fox ones, I would not know !


I'm not saying they don't work now - my forks have the same dropouts as yours and they are fine.

I'm saying that with the increasing popularity of thru-axle designs (especially ones that have a QR functionality), forks manufacturers might just decide to flag traditional QR designs in order to avoid POTENTIAL lawsuits.


I can see QRs slowly going but they will never stop making them as people buying budget bikes what the ease of them. Im sure they will go from "real" mtbs.


Even for xc jeybois? They won't be happy with the increased weight (even if it is only 50-100g)
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Thermo
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PostPosted: Fri 7/Nov/08 12:27pm    Post subject: Reply with quote Report Abuse

Spokes wrote:
Thermo wrote:
Robbie wrote:
Why? all they need is proper tabs that encompass the QR.

My Pace forks for example, very happily have really large tabs that run right around the QR, excepting only the dropout groove.

My old Fox ones, I would not know !


I'm not saying they don't work now - my forks have the same dropouts as yours and they are fine.

I'm saying that with the increasing popularity of thru-axle designs (especially ones that have a QR functionality), forks manufacturers might just decide to flag traditional QR designs in order to avoid POTENTIAL lawsuits.


I can see QRs slowly going but they will never stop making them as people buying budget bikes what the ease of them. Im sure they will go from "real" mtbs.


I would agree there. I s'pose those retention hook things you get on lower-end kids bikes could make their way up the food chain. But then they would all negate the QR concept if you have to be octopus to take a frickin' wheel off.

As an aside, do thru-axle forks need a new hub or can you retro-fit a thru-axle into an existing hub?
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Jono
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PostPosted: Fri 7/Nov/08 12:30pm    Post subject: Reply with quote Report Abuse

Thermo wrote:
As an aside, do thru-axle forks need a new hub or can you retro-fit a thru-axle into an existing hub?


depends on your hub. The cheaper ones tend to be made for a specific purpose, but many "after market" hubs (hope, chris king, hadley for example) can be retrofitted.
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radiusq
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PostPosted: Fri 7/Nov/08 12:32pm    Post subject: Reply with quote Report Abuse

CaptainCaveman wrote:


And there is a third - most Kiwis like the idea of personal responsibility.


I'll accept that there are risks inherent in mountain biking. However, I do expect the bike and hardware I perform the activity on to be up to the task.

Unfortunately, the only available mechanism to ensure that companies produce reasonably safe products (when used within the limits of their intended use) is the lawsuit process itself. It's a necessary evil.
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Spokes
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PostPosted: Fri 7/Nov/08 12:35pm    Post subject: Reply with quote Report Abuse

Nick_K wrote:
Spokes wrote:
Thermo wrote:
Robbie wrote:
Why? all they need is proper tabs that encompass the QR.

My Pace forks for example, very happily have really large tabs that run right around the QR, excepting only the dropout groove.

My old Fox ones, I would not know !


I'm not saying they don't work now - my forks have the same dropouts as yours and they are fine.

I'm saying that with the increasing popularity of thru-axle designs (especially ones that have a QR functionality), forks manufacturers might just decide to flag traditional QR designs in order to avoid POTENTIAL lawsuits.


I can see QRs slowly going but they will never stop making them as people buying budget bikes what the ease of them. Im sure they will go from "real" mtbs.


Even for xc jeybois? They won't be happy with the increased weight (even if it is only 50-100g)


Guess that depends if any fork makers care about em.
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PostPosted: Fri 7/Nov/08 12:39pm    Post subject: Reply with quote Report Abuse

jeremyb wrote:
Robbie wrote:
Why? all they need is proper tabs that encompass the QR.

My Pace forks for example, very happily have really large tabs that run right around the QR, excepting only the dropout groove.

My old Fox ones, I would not know !


Have you seen Colins picture of the broken pace dropout??


I'm With Stupid
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iodi
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PostPosted: Fri 7/Nov/08 12:40pm    Post subject: Reply with quote Report Abuse

radiusq wrote:
Unfortunately, the only available mechanism to ensure that companies produce reasonably safe products (when used within the limits of their intended use) is the lawsuit process itself. It's a necessary evil.

While lawsuits play an important role in determining what is resonable and what isn't, they are hardly the only mechanism available. It is primarily various standards and consumer protection laws that ensure product safety.
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radiusq
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PostPosted: Fri 7/Nov/08 1:07pm    Post subject: Reply with quote Report Abuse

iodi wrote:
It is primarily various standards and consumer protection laws that ensure product safety.


Honestly, I'm not familiar with any safety standards that exist for bike hardware outside of those for bicycle helmets.

I don't know much about consumer protection law, but I doubt that I'd have much joy in applying for compensation for being paralyzed. A replacement fork maybe.
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iodi
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PostPosted: Fri 7/Nov/08 1:13pm    Post subject: Reply with quote Report Abuse

radiusq wrote:
iodi wrote:
It is primarily various standards and consumer protection laws that ensure product safety.


Honestly, I'm not familiar with any safety standards that exist for bike hardware outside of those that for bicycle helmets.

I don't know much about consumer protection law, but I doubt that I'd have much joy in applying for compensation for being paralyzed. A replacement fork maybe.

The main applicable standard is 'AS/ NZS 1927:1998 Pedal bicycles – Safety requirements', all 46 pages of it. The Consumer Guarantees Act and the Fair Trading Act may be applicable too.
In terms of compensation, the ACC scheme gets in the way of most law suits, for better or worse.
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Henry Dorset Case
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PostPosted: Fri 7/Nov/08 1:36pm    Post subject: Reply with quote Report Abuse

Wobbler wrote:
jeremyb wrote:
Robbie wrote:
Why? all they need is proper tabs that encompass the QR.

My Pace forks for example, very happily have really large tabs that run right around the QR, excepting only the dropout groove.

My old Fox ones, I would not know !


Have you seen Colins picture of the broken pace dropout??


I'm With Stupid


link please. I run RC31's on one of my bikes. Need to know and all that.
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RussS
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PostPosted: Fri 7/Nov/08 1:59pm    Post subject: Reply with quote Report Abuse

Jono wrote:
banga wrote:
Just out of interest what sort of burden of proof (is that the right phrase?) applies in this type of case?


I have no idea. The judge asked me questions like "why did the manufacturers move to the new QR15 and bolt-through standards?".


Easy answer according to a guy who designs this stuff (Not Fox) - in his companies case because people were jumping bikes with QR and breaking them. The forks/wheelset used were not designed for that activity.
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radiusq
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PostPosted: Fri 7/Nov/08 2:00pm    Post subject: Reply with quote Report Abuse

iodi wrote:

The main applicable standard is 'AS/ NZS 1927:1998 Pedal bicycles – Safety requirements', all 46 pages of it. The Consumer Guarantees Act and the Fair Trading Act may be applicable too.
In terms of compensation, the ACC scheme gets in the way of most law suits, for better or worse.


Interesting, although it would appear that the standard is more aimed to limit the parc that the likes of the The Warehouse sell - making sure that they have two brakes and reflectors etc...

A standard that was comprehensive enough to cover the bikes we ride would not really be possible, and compliance would be ridiculously expensive.

I don't know what the best solution is. It would be nice to think that bike companies would be inherently good, and make well designed products and respect their customers enough to treat safety as their number 1 priority (above profits). Personally, I'm going to steer clear of cutting edge products.


Last edited by radiusq on Fri 7/Nov/08 2:11pm; edited 1 time in total
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jeremyb
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PostPosted: Fri 7/Nov/08 2:05pm    Post subject: Reply with quote Report Abuse

Henry Dorset Case wrote:
Wobbler wrote:
jeremyb wrote:
Robbie wrote:
Why? all they need is proper tabs that encompass the QR.

My Pace forks for example, very happily have really large tabs that run right around the QR, excepting only the dropout groove.

My old Fox ones, I would not know !


Have you seen Colins picture of the broken pace dropout??


I'm With Stupid


link please. I run RC31's on one of my bikes. Need to know and all that.


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