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A young man who claimed up to £1 million in damages from retailer Halfords Limited, asserting that an accident in which he suffered devastating facial injuries was caused by a defective bicycle, has had his compensation hopes dashed by the High Court.
Joseph Love suffered disfiguring injuries after he came off his mountain bike and smashed head first into a crash barrier. He had bought the bike from Halfords less than a year earlier for £250. It had been assembled and inspected by Halfords' staff and had later been put through a full service which did not reveal any faults.
Mr Love claimed that the bike was 'unsafe' when he bought it and that the accident was caused by a faulty steering tube which had fractured. He sought damages from Halfords under the Consumer Protection Act 1987, the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982.
However, after hearing expert evidence during a four-day hearing, the Court found that there was probably nothing wrong with the bike when Mr Love bought it. The most likely explanation was that it had been damaged in a previous collision, or by 'aggressive' riding, which had resulted in the steering tube becoming bent. It was probable that the damage had later been worsened by a 'crude and amateur attempt' at effecting a repair.
It was also probable that Joseph was 'riding too fast' to catch up with a friend who was about 100 yards ahead of him and that he 'momentarily lost concentration or was distracted' so that he collided with one of a row of fixed metal posts. The judge concluded, "I am obliged, with great regret, because of the severity of this young man's injuries, to dismiss this claim."