Wal-Mart Product Liability Suit Headed to Jury

By Jaimee Wolbert

Published on February 09, 2006

Nine families are taking part in the product liability suit, which names Wal-Mart; the bike manufacturer, Dynacraft BSC, Inc.; and the company's claims processor, Carl Warren & Co., as defendants.

Plaintiffs' attorneys claim that the bikes, which were sold under the Next brand name, did not have an appropriate warning about the front wheel quick-release feature. The children in the case suffered traumatic brain damage, broken bones, and other severe injuries when the bikes' front wheels unexpectedly fell off.

During the trial, a former Dynacraft executive testified that the company's top officials had frequent meetings to discuss front-wheel failures on their bikes. Wal-Mart has sold nearly 500,000 of the manufacturer's bicycles in recent years.

The defendants' attorneys have suggested that improper assembly, misuse, or parental negligence may have led to the accidents, and deny that the product is defective or unreasonably dangerous. They also assert that expert witnesses for the plaintiffs have failed to prove the bike was defective and have offered no scientific evidence to support their claims.

The 2-month-log trial is expected to come to a close this week, as lawyers for both sides make their final arguments and the case is handed over to the jury.

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