Our client went to a sporting goods store in Rockville, Maryland to purchase a bicycle. He was instructed by a store employee to sit on the bicycle seat and place his feet in the peddle stirrups in order for the bicycle to be adjusted. The employee did not use a stand to stabilize the bicycle during the adjustment, but assured our client to “have no fear” because he could secure both the bike and our client, and that he regularly did fittings this way. However, the employee lost control of the bicycle causing the bike and our client to fall.
As a result of the accident, our client suffered internal derangement to his knees. The store refused to settle the case claiming that our client assumed the risk of injury by and contributed to the accident by getting on the bicycle without a stand. More importantly, the store argued that our client had previous injuries to his knees. We nevertheless filed suit and were able to settle the case prior to trial.
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