Yes, you can sue the repair shop but it’s not necessarily going to be an easy case. In this kind of case, there are a lot of similarities with a person that brings their car in for some repair work, or tune ups, or what not, and maybe have the tires changed, and somebody forgets to put the lug nuts on it and the tire falls off and causes an accident. What it comes down to is proving the case, that’s where it’s difficult. You need more than just a lawyer to assert that kind of a claim. You must prove that there was something the bicycle repair shop did wrong that actually caused you to lose control, such as causing a wheel to come off or the brakes to fail or the handlebar to come off, whatever it was that caused you to lose control of the bike.
On that, you’re going to need some kind of expert help. Now, it might be an expert in bicycle repairs, it might be an expert in just how bicycles are operated, but somebody’s going to need to take a look at that bike, listen to what your claim is as to how the accident happened, what made you lose control. Analyze the bike, which hopefully is in a condition that allows for such an analysis, test it out to see if what you’re claiming went wrong is something that they can show really did go wrong and lay at the foot of the repair shop is something that they created or caused. So you have to prove all of that before you have a legitimate claim. You have to show that they created the condition that caused this accident. And then again as I’ve been mentioning with any bike accident involving a head injury, if you weren’t wearing a helmet they’re going to lean on you for some comparative negligence.