Last weekend the sun was shining so I headed out into the Cotswolds for a coffee and the obligatory sausage roll. I was just heading home when the rear tyre suddenly went flat. Somehow I managed to hold on to the then bucking bronco of a bike and pull up in front of some startled lads waiting at a bus stop.
After checking the tyre, I discovered the rear tyre valve stem had disappeared. After checking through the paperwork from the last seller, I can see he got a dealer to fit some tyre pressure monitoring valves about two years before I bought the bike.
I’ve now read on various online forums that the extra weight can cause the valve stems to sheer off. Can I take the dealer to Court? Or the previous owner? I had to pay for recovery and a new tyre (and valve).
Answer
I am happy to hear you stayed sunny side up after the flat tyre. By all means, you could try and take someone to Court but you will go down in a ball of flames.
As for why, the first hurdle to overcome is proving the tyre pressure monitoring valves were negligently fitted and this caused the valve to shear off approximately seven years after they were fitted. I hope when you say that out loud, you will appreciate that seems incredibly unlikely to be able prove.
Secondly, you personally cannot sue the dealer who fitted them because you have no contract with them, i.e. because you never paid their bill. Therefore, the dealer owed you no duty.
Thirdly, as for suing the seller, this was a secondhand bike purchased via Facebook Marketplace five years ago. For various reasons, this is going to fail. ‘Caveat emptor’ springs to mind. This is a Latin term meaning ‘let the buyer beware’. This is a principle that a buyer is responsible for checking the quality and suitability of goods before purchasing them. Further, and importantly, you have had the bike for five years!!! With this in mind, is the failure more likely to be due to lack of maintenance in your ownership? I suspect so.
By all means you could try and take someone to Court but you will likely end up paying their legal costs when it gets thrown out. If I were you, I would chalk this up to one of those things, move forward with your life and don’t be a silly sausage.
Andrew Prendergast
More Bikes December 2023
