Question
Tour de USA manufactures bicycles for sale in the United States and targets serious bike enthusiasts who use their bikes on challenging courses.The newest model,
Tour de USA manufactures bicycles for sale in the United States and targets "serious bike enthusiasts" who use their bikes on "challenging courses".The newest model, the Armstrong bike, is advertised heavily showing a biker riding up and down steep slopes.In order to save shipping and production costs, the Armstrong is sold directly to consumers who must attach the wheels, the handlebars and the seat. Tour de USA provides detailed instructions with pictures to show assemblers how to accomplish the assembly.After sales begin of the Armstrong, the Consumer Product Safety Commission begins to get reports of the wheels detaching from the bike while in operation, particularly on very steep downhill grades.The CPSC notifies Tour de USA of the problem and recommends a recall of the Armstrong and an investigation of the cause of this problem.Tour de USA does not issue a recall, but does investigate and finds that the one of the pictures in the instructions incorrectly demonstrates the method for attaching the wheels, although the instructions correctly describe the method.Tour de USA also decides to include warning on the bike packages that the "Armstrong is not designed for use on grades greater than 7%".Tour de USA never issues a recall or updated warning for the bikes sold prior to their decision to include a warning.Using the negligence standard, please evaluate the liability of Tour de USA for those bikers injured by the detached wheels addressing all elements and defenses.
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