Compensation claim news
20/07/2007

Judge rules on liability for head injuries

A cyclist who suffered severe head injuries, including brain damage, when the handlebars of his bike collapsed, has won his right to receive a significant award of damages in a personal injury compensation claim.

The accident occurred in 2002 when the Shoreham man, then 43, was riding on a bridleway in the South Downs, when his handlebars suddenly broke, causing him to fall and hit his head.

At a hearing at the High Court, he has been given the go-ahead to make his compensation claim against the importer of the mountain bike. It is understood the judge decided they should be able to accept liability under the Consumer Protection Act.

Though neither the claimant nor his personal injury solicitor yet know the precise amount of damages that will be awarded, it is predicted the compensation claim could be worth millions of pounds.

Speaking in the wake of the ruling from outside his home in West Sussex, the compensation claimant said, "After the accident I was in a really bad way. I had no memory and couldn't even remember the names of my family. It has been a very slow process to recover and it still affects the speed of my brain and my speed of thought.

"I am pleased with the judge's decision but there is still a chance the company could appeal."

The judge effectively made way for the product liability compensation claim to go ahead when he said, "I accept that, at the time when [he] met with his accident, there was a defect in his bike."