Faulty brakes cause...
 

[Closed] Faulty brakes cause crash - Legal issue ?

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I fitted some brand new disc brakes to my bike and they failed when I was descending a hill. I had to eject before hitting a steel gate. Seeing as I fitted them am I liable ? Or is it down to the manufacturer? I sustained injuries and bike damage . Cheers in advance.


 
Posted : 13/09/2016 11:27 am
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Both of them!? How?


 
Posted : 13/09/2016 11:29 am
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What failed.


 
Posted : 13/09/2016 11:29 am
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Unless you've got proof of 'professional fitting' I don't see you'd have any comeback unless something actually broke on the brakes.
Why did they fail/what was the cause?


 
Posted : 13/09/2016 11:29 am
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Depends on how they failed. And what the fitting involved.

If you opened the system to the air and potentially lost fluid then I'd say it's probably your fault. Many brakes instruction advise fitting by qualified mechanics.

If you could elaborate on your experience we would be better equipped to judge.


 
Posted : 13/09/2016 11:32 am
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[i]I fitted some brand new disc brakes to my bike and they failed when I was descending a hill.[/i]

pads bedded in according to manufacturers instructions?

new disks?

hoses shortened?

bled?

Mode of failure?


 
Posted : 13/09/2016 11:32 am
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what did you fit?

calipers? pads? discs? everything?


 
Posted : 13/09/2016 11:38 am
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Brand new brakes. Fitted as per instructions. Cycling before the crash the brakes were working. Then as I was coming down a hill I lost all braking power, not the cable but at the caliper. I'm pretty sure it wasn't a bedding in issue as I'd srill have some pressure behind the pad. It was the caliper that failed.


 
Posted : 13/09/2016 11:39 am
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New everything. Discs , pads, cables, cable outers etc


 
Posted : 13/09/2016 11:40 am
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cable operated?

when you say the caliper failed - what evidence do you have from it on inspection?


 
Posted : 13/09/2016 11:41 am
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What do you mean by failed? It just fell apart in to loads of bits?

The pad came out? The hose leaked fluid? The retaining bolts snapped?


 
Posted : 13/09/2016 11:42 am
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and both front and rear brakes failed at the same time and in the same way?


 
Posted : 13/09/2016 11:42 am
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Mechanical disk brakes then? Were they cheap and NOS???

http://www.cxmagazine.com/recall-trp-spyre-disc-brake-caliper-2013


 
Posted : 13/09/2016 11:42 am
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still don't understand 'how' it failed. OK, lost all power but what went wrong to cause that* and why do you say it was at the caliper

(eg, cable slipped through retaining bolt; pads lost all backing material..... could be many things. Just saying they lost power doesn't necessarily indicate failure, just that they're shit brakes which is another thing entirely)

[fast edit having seen they're mechanical brakes now)


 
Posted : 13/09/2016 11:43 am
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Can't tell from the info you've given how or why they failed.

If it was in any way connected to how you fitted them then it's entirely your fault.

If the brake fell apart in a way that was unconnected to your installation then you will have a case against the retailer or manufacturer.


 
Posted : 13/09/2016 11:44 am
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New brakes? Did they work after the crash? User error? (If they were new to you perhaps you were not applying enough power to slow you down enough)


 
Posted : 13/09/2016 11:45 am
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What make and model were the brakes.

If hydraulic did you have to disconnect the hoses (either for left/right lever swap or cable routing).


 
Posted : 13/09/2016 11:47 am
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cable outers etc

Ah missed this. Bolts not done tight enough, so the levers just pulled to the bar?

Or didn't actually adjust the pads so even at full on they were no where near contacting the disc 😆


 
Posted : 13/09/2016 11:47 am
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[i]Bolts not done tight enough, so the levers just pulled to the bar?[/i]

that was my first thought. First proper yank on the levers and the cables pull out the calipers...


 
Posted : 13/09/2016 11:49 am
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[quote=earlhickey ]Cycling before the crash the brakes were working. Yeah - they do that.


 
Posted : 13/09/2016 11:49 am
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The Shimano mechanical road calipers were also recalled in 2013 for a "[url= http://forums.mtbr.com/general-discussion/product-recall-shimano-br-cx75-br-r515-mechanical-disc-brake-calipers-877366.html ]balls falling out[/url]" issue, is this the case?


 
Posted : 13/09/2016 11:53 am
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Thanks guys .I thought I'd be able to explain this but I'm going to leave it. Should have spoken to a legal bod in the first place.


 
Posted : 13/09/2016 11:54 am
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Eh ?

Go on just explain it, or post a pic?


 
Posted : 13/09/2016 11:55 am
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Op being particularly vague with info
OP not giving any specs or name of brakes
OP not even giving a 'reason for the failure' despite being competant enough to fit them

My bet is that if they are cable operated brakes and fresh on the bike the cable hadnt been seated into the cable stops properly and maybe slotted in properly with the extra pressure of emergency braking. This would result in no brakes on cable discs. Possibly talking out of backside but the only other things that could happen are badly fitted pads, cable clamp not tight or a breakage in the caliper/lever.

It worries me that someone who fitted his own brakes cant write a simple reason for them failing without peeps having to ask loads of questions


 
Posted : 13/09/2016 11:55 am
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BTW - welcome to the rest of the forum.


 
Posted : 13/09/2016 11:56 am
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[i]I thought I'd be able to explain this but I'm going to leave it. Should have spoken to a legal bod in the first place. [/i]

Before you speak to a lawyer try and work out what you want to say: 'they failed' is not going to be the basis of a succesful claim.

All people on here have asked for is a bit of detail or at least a make and model, if you can't provide either under some fairly patient questioning you won't get far with a claim.


 
Posted : 13/09/2016 11:56 am
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Both of them failing seems very unfortunate.

What brakes are they?


 
Posted : 13/09/2016 11:57 am
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Looking at earlhickey's posting history, (classifieds only) the brakes will appear on the classifieds very soon 😀

The ‘spirit’ of our forum is one where users can turn their old, surplus or unwanted kit into extra cash to enable them to buy new bits to help them get out and continue riding. The Classified Forum is not a place where users can earn a living or supplement their income by buying and selling parts. users who exploit our forum in this way will be considered to be trading.

Welcome to the real forum earlhickey


 
Posted : 13/09/2016 11:57 am
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Unless you can prove the brakes were fitted properly and failed before the crash (rather than broke during it) then I suspect it's going to be difficult to claim successfully.


 
Posted : 13/09/2016 11:58 am
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A lawyer's a great idea, you can pay thousands to talk to someone who doesn't know what you're talking about, whilst here you can talk to people who do, and it's free.

I can't imagine a court would ask any questions about the spontaneous failure, so go right ahead!


 
Posted : 13/09/2016 12:05 pm
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If the op was competent to fit them, he would know what 'failed', and probably even know what brake they are 😆 but heck, where there's blame there's a claim!! These are fine times we are living in......


 
Posted : 13/09/2016 12:07 pm
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if OP can't convince a random group of internet sexpests.. i mean experts.. there no chance of getting it past a judge with the manufacturer on the other side..


 
Posted : 13/09/2016 12:14 pm
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and both front and rear brakes failed at the same time and in the same way?


 
Posted : 13/09/2016 12:17 pm
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Should have spoken to a [s]legal bod[/s] mechanic in the first place.

Sorry OP but you just haven't given anywhere near enough info, even basic stuff like make and model of brake might help! any pics of them fitted, pics after 'failure' and you will at some point need to explain 'failure' more succinctly if this is going to go anywhere, legal or otherwise.


 
Posted : 13/09/2016 12:20 pm
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OP has scurried back to the familiarity of the classifieds I feel...


 
Posted : 13/09/2016 12:26 pm
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OP has scurried back to the familiarity of the classifieds I feel...

And, based on their inability to describe some basic parts, I'll be avoiding them like the plague 🙄


 
Posted : 13/09/2016 12:41 pm
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Seeing as I fitted them am I liable ? Or is it down to the manufacturer?

earlhickey

or Option C - 'Karma'

🙂


 
Posted : 13/09/2016 12:43 pm
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Should have spoken to a legal bod in the first place.

Which would cost you £500 ? No win no fee guys won't touch this as DIY fit.

Seems highly unlikely to me a manufacturing defect would affect both front and rear at the same time.


 
Posted : 13/09/2016 12:46 pm
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I had to eject before hitting a steel gate.

Your bike has an ejector seat!!!!?


 
Posted : 13/09/2016 12:49 pm
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Your bike has an ejector seat!!!!?

Probably an incorrectly fitted dropper post.


 
Posted : 13/09/2016 12:53 pm
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[img] [/img]


 
Posted : 13/09/2016 12:54 pm
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Here was I hoping that this thread would be a good one.
I'm left with a bad taste in my mouth and a need for closure....


 
Posted : 13/09/2016 1:00 pm
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I don't think the OP has any legal comeback but he does have my sympathy, as a pair of cheap and nasty cable disk brakes on my bike at uni did exactly the same thing.

Steep descent, soft organic pads, and a bit of mud worked together to remove a bit of pad material. Because they require the pads winding in manually as they wear, within about 30 seconds I found the levers coming back to the bar.

Had Strava existed when I was at uni I'd hold the KOM for all time on that descent, but I also bailed at the bottom of the hill before the main road. After getting home and limping to the bike shop, I spent what remained on my student loan on a pair of Hope Mono Minis that afternoon.

However, I didn't dream of sueing Shimano for crap design. Perhaps I should have.


 
Posted : 13/09/2016 1:02 pm
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Fitting as per instructions then almost immediate failure. At both ends.

I'd say it is a legal issue.

Is the op legally competent to look after his own affairs?


 
Posted : 13/09/2016 1:03 pm
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Why are all these people

bailing
instead of just putting your foot onto the rear wheel like you did as a kid?


 
Posted : 13/09/2016 1:09 pm
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Fitted as per instructions

I think that's something that will be challenged, and that you'll have to have some evidence of what exactly was done. It may only take a disclaimer on the fitting instructions along the lines of "this product should only be fitted by a competent professional" to basically destroy your case.

And as others have said, be prepared to provide full détails of what was done and what happened. If you have photos of the brakes after they "failed" they'll be useful too I would expect.

Even if you speak to a lawyer, it's probably worth practicing your decription of the incident somewhere like here rather than paying a lawyer large amounts of cash to listen to you while you refine your description.


 
Posted : 13/09/2016 1:33 pm
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The OP has bailed again.. Shot down by the stw Luftwaffe


 
Posted : 13/09/2016 2:03 pm
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Shot down by the stw Luftwaffe

More Herr Flick than Luftwaffe I think.
[img] [/img]


 
Posted : 13/09/2016 2:12 pm