Bicycles in the EU and product liability
Historically speaking, across Europe, safety standards for bicycles have been poor. However, this all changed in 2006 with the introduction of the CEN standards for all EU member states. It is hoped that their introduction has made issues of product liability for bicycles much clearer, while at the same time offering a high level of consumer protection.
Background to the CEN standards
In 1998 six working groups convened to produce a European Directive pertaining to safety requirements and testing processes for the manufacture of all bicycles.
The end result of this initiative came in 2006 with the publication of four European standards by the National Standard Organisations. It is predicted that these landmark publications are only the beginning and that further progress will be made in the area of safety standards and product liability for bicycles.
The four published standards were as follows:
- EN 14764 City and Trekking Bicycles
- EN 14765 Children's bicycles
- EN 14766 Mountain Bikes
- EN 14781 Road Racing Bicycles
Siegfried Neuberger, technical director with ZIV (The Bicycle Industry Association, Germany) says that the standards refer to "safety requirements and testing methods" for the major bicycle parts and components, including gear and brake systems, the handlebar, handlebar stem, frame, seat and fork. The consensus is that this is broadly inclusive standard, covering the most important aspects of a bike's constituent parts.
Different approaches to the issue across various EU countries have meant that the process of formulating safety standards has been far from ideal, however, most agree that the compromises reached in their stipulation have been satisfactory to the majority of member states.
For example, most Southern European countries test brakes under road conditions, while countries like Germany prefer to test brakes under machine-based laboratory conditions. As a compromise, the CEN agreed to adopt both testing methods under its umbrella.
The benefits of EU-wide standards
The creation of EU-wide standards has brought about a number of trade benefits. It means that bikes manufactured and safety tested in one EU country can now be brought for sale into another nation state without them having to undergo a second testing regime. In many ways, the CEN standard is a passport to free trade.
Massimo Cassini, lawyer and member of the Italian manufacturers organisation ANCMA goes so far as to hail the CEN standards as "a true life saver for the industry".
He adds that the standards also offer a vital benchmark for technical and user manuals. Under this CEN stipulation, manufacturers must clearly outline proper use, maintenance and correct use of a bicycle and its constituent parts in the national language of the consumer.
Effects on product liability claims
The CEN standards help offer a clearer view of manufacturer and dealer product liability obligations.
Bicycle sellers can only avoid being liable for a product liability compensation claim by proving that they were not the source of the defect. Furthermore, they have an obligation to be able to identify the supplier of manufacturer of the defective part.
It is also stipulated that all parties in the manufacture, supply and selling process must be able to identify the provenance of a bicycle's constituent parts.
Under the provisions of the CEN standards, all relevant parties must take out comprehensive product liability claim insurance. Policies must provide cover for all eventualities, whether that is providing compensation for personal injury, compensation for product recalls or compensation for any financial losses incurred by the consumer.
No win, no fee product liability claims
If you or a member of your family has suffered personal injury as the result of a defective product, you may be able to claim product liability compensation.
Our team of no win, no fee lawyers are experts in this field of litigation. Over the years, they have proved, time and again, their expertise in successfully resolving this kind of claim.
Win or lose, our service is available to you at absolutely no cost. It may also reassure you to know that in the event of your claim being unsuccessful, we protect you from all legal costs incurred by the opposing side.
Furthermore, we guarantee to never take a cut from any of our client's damages awards, meaning that you get to keep 100% compensation.
If you would like to investigate your right to product liability compensation, drop us an online claim form or receive legal advice using e-chat.
Alternatively, if you would like to speak to someone right now, call 0800 10 757 95 to be connected with the personal injury lawyer best suited to your circumstances.
