Is Bike Shop Liable?

[ORMojo]

So, the kids and I are in the midst of a road trip vacation, fortunately away from the fires and smoke (very fortunate timing for us, as our home has been in a hazardous air quality zone since Wednesday).

I brought three bikes with us, one for each of us, and we've been having a blast riding. However, the other day we decided that we wanted to go farther and faster than the 6-year-old is capable of on his own, so we stopped at a local bike shop to rent a trail-a-bike for a few days. I've been a customer of this shop before, generally a good place.

While installing the bike onto my seatpost the employee let the very heavy trail-a-bike (collar) slip out of his hand as he was reinstalling the seatpost. It slid down the seatpost and slammed into the seatpost collar on my bike. I winced, but I was watching my kids and anxious to get going, so I let it go.

Turns out he messed up the paint - absolutely the first mark on the entire bike since I bought it new several years ago.

When I pointed this out, they were sorry, but offered no compensation of any type. That was disappointing. And yes, I read the entire waiver I signed, and it in no way addressed/covered this (it was only about safe operation of the rental and waiver of injury liability).

Yeah, I know this was probably "too nice" of a bike to attach a rental trail-a-bike to, but the good news is that the 6-year-old loves riding it, and we are all enjoying the extra range.

So, is the bike shop liable for the damage, and if so, how do I go about getting this resolved? Honestly, I'm not even sure what the best approach to touching up the custom paint job is, but I'll figure that out.

(Pics of bike when I PSAed it, and then bought it, here: https://forums.thepaceline.net/showthread.php?t=204888)

1698008645

[gasman]

It seems to me the bike shop should accept responsibility . If I had been working on a friends’ bike and that happened I’d do whatever was needed to make it right.
I’m impressed you don’t have any dings or scratches on your bike after several years with all the loose small rocks on the road around here. Only my old Ti Litespeed doesn’t show any dings.

[Jaq]

See if you can get a small bottle of touch-up. Often you can. It won't look as good, but that's also in a place that people would have to look hard to find it, especially if you take your time and do a good job. Absent a bottle from the frame-painter/builder, you can also look for high-quality, oil-based modeling paints (used for scale car models, etc.) and maybe work up a batch (if you're handy at that sort of thing).

[Clean39T]

Doesn't seem that bad and certainly could have been worse......sucks it happened but there's probably not much recourse beyond maybe getting some store credit, if that..

Based on the psa post, I might be interested if you want to get it outta-sight outta-mind :banana:

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[pdmtong]

Ask them to let you buy something you really want at wholesale / their cost and then move on. $hit happens but how are you going to quantify a $ to “make you whole”? I wouldn’t be happy either but things happen and yuh gotta move on let it go. The kid happiness is way more important and the experiment proved out

[Ralph]

I would file this under "stuff happens". Enjoy the vacation, and don't fret over this.

[54ny77]

You want the bike shop to compensate you somehow for a mishap in connection with attaching a trailer on a gorgeous custom road bike (seriously, a trailer!), for which you signed a waiver in case something went haywire on an install?

This, after having made a memory of a lifetime for your kid with a bike trip?

Color me flummoxed. It must be April Fool's.

[kiwisimon]

agree with the last two posters. I'd touch it up with color matched paint from Alliance and then carry on having fun with the kids on bikes. The fact this was the first noticeable thing to happen after so long shows you have been very careful and very lucky.

My mate had a one month old new car and as he was washing the drivers side with a soapy sponge his cute toddler son was washing the passenger side with a handful of gravel.

I congratulated him on not having to worry about the first scratch anymore.

pics from your rides with the kids somewhere?

[Hilltopperny]

Add me to the list of it sucks, but at least there was a good memory attached to it! They are just bikes after all. A very nice bike, but nonetheless a bike. It adds some character!


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[Steve in SLO]

I’d take a red sharpie and draw a picture of some flames in the ‘scar’ as a reminder of your great trip and enjoy it.

[ORMojo]

Based on the psa post, I might be interested if you want to get it outta-sight outta-mind :banana:

Nice try! Clearly, this is the "one bike" I take with me, so I'm not giving it up!

[saab2000]

Let it go. Chalk it up to life’s experiences. It’s a bike, not the Taj Mahal. And even that’s not permanent. Don’t worry.

[ORMojo]

Ask them to let you buy something you really want at wholesale / their cost and then move on. $hit happens but how are you going to quantify a $ to “make you whole”? I wouldn’t be happy either but things happen and yuh gotta move on let it go. The kid happiness is way more important and the experiment proved out

I would file this under "stuff happens". Enjoy the vacation, and don't fret over this.

You want the bike shop to compensate you somehow for a mishap in connection with attaching a trailer on a gorgeous custom road bike (seriously, a trailer!), for which you signed a waiver in case something went haywire on an install?

This, after having made a memory of a lifetime for your kid with a bike trip?

Color me flummoxed. It must be April Fool's.

Agree with all of the above (except the comment about the waiver - it clearly did not cover this) and the other similar comments. The memories are worth way, WAY more than the damage to the paint. I'm not interested in compensation (although my post may have come across that way) - I was just curious if The Paceline thought this deserved more from the bike shop than the two words ("I'm sorry") that they gave. Again, I agree with Gasman, it would have been nice for them to step up a bit more, but I did let it go - I didn't say a word when I saw the ham-handed installation several days ago, I didn't say a word more when I returned the rental today and heard "I'm sorry," and I have no intention of pursuing this further. End of story!

[John H.]

Technically they should be liable- But I wouldn't hold them liable. If you were really concerned, you should have rented a bike for this, did the work yourself, etc.

Self applied touch up will usually look worse than your mishap.

I would contact someone like Black Magic in Portland and see if they could fix it up without doing a full re-paint.

[ORMojo]

Not end of story - postscript!

I just got a notice from my credit card company. The bike shop refunded the full rental cost. That feels right.

And, I sort of doubt I'll bother with touch-up, etc. It really isn't noticeable, the titanium isn't going to rust (and isn't even exposed - the primer coat is still intact). So, yeah, just a minor blip in a nice week.

And, to end on the really meaningful happy note - when we got back to the vacation rental after the first 1.5 hour ride on the trail-a-bike several days ago, my 6-year-old dismounted and loudly said "that was fun, we have to do it every day!" His 11-year-old sister laughed. That is what I will remember about the whole experience!

[cmbicycles]

agree with the last two posters. I'd touch it up with color matched paint from Alliance and then carry on having fun with the kids on bikes. The fact this was the first noticeable thing to happen after so long shows you have been very careful and very lucky.

My mate had a one month old new car and as he was washing the drivers side with a soapy sponge his cute toddler son was washing the passenger side with a handful of gravel.

I congratulated him on not having to worry about the first scratch anymore.

pics from your rides with the kids somewhere?

As a parent, and elementary teacher, that made me spit out my drink and laugh, thank you.

[Frankwurst]

Don't let it rain on the parade. Your with your kids having a good time. Paint is cheap and can be replaced. Fond memories can't.:beer:

[joosttx]

The bike shop definitely at fault. You shouldn’t beat around the bush. You should sue the **** out of them. Make them pay through the nose. I know a lawyer that can get lots of money like $499 for damages and pain and suffering.


BTW he charges $1000/hr

But is so worth it not to just paint over it and let it go....

[Frankwurst]

The bike shop definitely at fault. You shouldn’t beat around the bush. You should sue the **** out of them. Make them pay through the nose. I know a lawyer that can get lots of money like $499 for damages and pain and suffering.


BTW he charges $1000/hr

But is so worth it not to just paint over it and let it go....

$1000 an hour seems pretty reasonable for fixing a brain aneurysm. Might be a little steep for a repaint.;)

[kiwisimon]

Not end of story - postscript!

I just got a notice from my credit card company. The bike shop refunded the full rental cost. That feels right.!

KUDOS to the shop. And good for you not being a dbag about it.

[saab2000]

Stop by with a case of beers and buy something. Everyone wins.

[gasman]

Not end of story - postscript!

I just got a notice from my credit card company. The bike shop refunded the full rental cost. That feels right.

And, I sort of doubt I'll bother with touch-up, etc. It really isn't noticeable, the titanium isn't going to rust (and isn't even exposed - the primer coat is still intact). So, yeah, just a minor blip in a nice week.

And, to end on the really meaningful happy note - when we got back to the vacation rental after the first 1.5 hour ride on the trail-a-bike several days ago, my 6-year-old dismounted and loudly said "that was fun, we have to do it every day!" His 11-year-old sister laughed. That is what I will remember about the whole experience!


Great ending !!!

[pdmtong]

the refund is sufficient acknowledgement...thank them and move on.

[Waldo62]

Snip: ... but I did let it go - I didn't say a word when I saw the ham-handed installation several days ago, I didn't say a word more when I returned the rental today and heard "I'm sorry," and I have no intention of pursuing this further. End of story!

So why are we talking about this?

[ORMojo]

So why are we talking about this?

Because, as I said above, "I was just curious if The Paceline thought this deserved more from the bike shop than the two words ("I'm sorry") that they gave."

Hang around here a bit longer and you'll find regular instances where a member comes here to ask "did I react appropriately" or "should I/they have done more" or some other varient of that.

I stated what I did in this situation, and was curious what others thought or would have done.

[oldpotatoe]

So, is the bike shop liable for the damage, and if so, how do I go about getting this resolved? Honestly, I'm not even sure what the best approach to touching up the custom paint job is, but I'll figure that out.

Haven't read the whole thread but very lame on LBS' part. Of COURSE they are responsible for making your bike 'right'. One of my crew, cold setting a old Merckx, crimped the RU seat stay..yup, I paid for a new seatstay AND paint job..
Getting it resolved? Talk to the owner? Mention the new paint job is a lot less $ than a lawsuit? Social media shaming?
I just got a notice from my credit card company. The bike shop refunded the full rental cost. That feels right.

Read the thread and yup, it is right altho they should have provided more than a 'i'm sorry' when it happened..
So why are we talking about this?


Discussion group..discussing..
"I was just curious if The Paceline thought this deserved more from the bike shop than the two words ("I'm sorry") that they gave."

[chris7ed]

Engin in philadelphia sells a tall seat post clamp. Maybe it can cover it.

[reuben]

Not end of story - postscript!

I just got a notice from my credit card company. The bike shop refunded the full rental cost. That feels right.

And, I sort of doubt I'll bother with touch-up, etc. It really isn't noticeable, the titanium isn't going to rust (and isn't even exposed - the primer coat is still intact). So, yeah, just a minor blip in a nice week.

And, to end on the really meaningful happy note - when we got back to the vacation rental after the first 1.5 hour ride on the trail-a-bike several days ago, my 6-year-old dismounted and loudly said "that was fun, we have to do it every day!" His 11-year-old sister laughed. That is what I will remember about the whole experience!

This result, especially the kids, has awesome written all over it. :hello:

[Peter P.]

No message. Duplicate post.

[Peter P.]

I'm too late to offer an opinion on restitution and glad you got some compensation, but I will say the paint job wasn't that great if the color coat is not adhering to the primer. It shouldn't chip like that as the primer/color bond should be better.

[binxnyrwarrsoul]

As someone who is (self diagnosed) extremely OCD about stuff like that, I've avoided ulcers and being miserable by remedying it quickly and continuing to live life. Touch up the blem and move on. The quicker the better.

[johnniecakes]

Get some pin striping tape of the correct width in whatever color you fancy and put wrap on. Make it black to match the collar and no one will ever notice, except you.

[bob_in_pa]

In my opinion this worked out about as well as can be expected. And it seems you had a very healthy attitude towards the situation. That shouldn't go unnoticed.

-Bob