Injured Cyclist Awarded 48,000 Euros for Repair Negligence

A cyclist, who went over the handlebars of his mountain bike shortly after collecting it from a bicycle repair shop, has been awarded 48,000 Euros in damages.
Ms Justice Elizabeth Dunne heard how Piotr Lizanowicz (27) of Rathgar, County Dublin, had left his mountain bike with Hollingsworth Cycles Limited, Templeogue Village, Dublin, to have the brakes fixed and broken spokes repaired.
On collecting the bike in April 2009, and paying 54,00 Euros for the service, Mr. Lizanowicz was cycling along the Terenure Road when he heard a noise coming from the front wheel which subsequently locked – throwing Mr. Lizanowicz over the handlebars of his bike and fracturing his elbow.
It was claimed in court that when the front wheel tyre was re-inflated, no check was made to ensure that the tyre and inner tubing were seated correctly within the rim of the wheel. This led to the inner tube popping out while the bike was in motion, obstructing the front wheel from rotating and causing the accident.
Mr. Lizanowicz consequently sued Hollingsworth Cycles Limited for alleged negligence and breach of contract relating to repairs carried out on the bike. Hollingsworth Cycles Limited denied the allegations and challenged the sequence of events, claiming that Mr. Lizanowicz had fabricated the story to get money out of the company.
Having heard both sets of arguments and expert reports, Ms Justice Elizabeth Dunne ruled in favour of Mr. Lizanowicz and included in her award of settlement an amount of 7,000 Euros for aggravated damages, stating that the defence had unambiguously made the allegation of fraud against the plaintiff.