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Gary of Rogers City MI (8/14/03):
On August 5, 2003 I bought a bike from Wal-Mart in Alpena, MI. It was a Mongoose KO 20" Freestyle BMX. On August 12th, my daughter was riding this bike down a hill when the crank and pedal came off. The bolt came right out of the crank and you could see where the threads were stripped or crossed over. This caused her to flip over the handle bars.
She received a broken left arm, a sprained right wrist and 3 stitches in her chin. On August 13, I returned this bike to Wal-Mart and they gave us a new bike. They said that once the bike leaves their store, they are not responsible for accidents, even if they assembled the bike.
Today, I returned to that same store and out on their sidewalk was this same bike for sale at a reduced price. They had put in a new bolt but the cover to the hole is still missing, there is a hole in the seat and the handle bar grips are damaged so I know this is the same bike I returned.
Who is responsible for the injuries my daughter recieved? And how can they put that bike out for sale when the crank threads are stripped? If Wal-Mart, who assembled the bike, is not responsible, then Mongoose has to be. Rose R said that the crank comes already on the bike and they don't put that part together.
Gary should retain an aggressive personal injury lawyer to go after Wal-Mart for his daughter's medical bills and her pain and suffering. If the bike was defective Wal-Mart and the manufacturer are liable.
Also, Gary should check our Recalls section. There have been several recalls of bicycles variously described as BMX and Mongoose that might match the one he purchased. If Wal-Mart is selling recalled bicycles, they are on thin ice indeed.
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July 7 2008
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