Carlsbad, CA asked in Products Liability and Personal Injury for California

Q: eBike brake cable exploded due to design flaw, causing crash. Options for liability lawsuit?

About a year ago, in March 2024, I purchased a high-end eBike from Pedal Electric for around $4,000. Recently, in June 2025, the front hydraulic brake cable exploded while I was riding downhill, due to a hidden design flaw. The cable rubs against the tire over time, which isn't visible without close inspection. This resulted in a crash where I suffered minor injuries but avoided serious harm. Post-crash, I contacted Pedal Electric through their official customer service to report the issue, but received no reply. I've found similar complaints about their customer service and build quality online, though not specifically about this defect. The eBike's warranty expired shortly before the accident. Do I have grounds for a product liability or negligence lawsuit? What are my options?

5 Lawyer Answers

A: Yes, regardless of the explicit warranty, if the design or product was defective, you may pursue a product defect case. But the major concern is the extent of your damages. If you suffered only minor injuries, it may not be worth an attorney's time/effort to take the case on a contingency basis if your damage recovery will be minimal. I.e. it doesn't make sense to file suit and spend thousands in attorneys' time/expenses to recover, say $10-15k in damages (since they will likely spend much more than that on the case).

Tim Akpinar agrees with this answer

A: If you are hurt, attorneys can help you with a lawsuit to recover for your past and future medical expenses, wage loss, and pain and suffering. If your injuries are minor, it sounds like you don't need a personal injury attorney, depending on what you mean by "minor."

You might contact a class action attorney about the apparent defect, or you might report an unsafe product with the Consumer Products Safety Commision. cpsc.gov/Safety-Education/Safety-Education-Centers/Micromobility-Information-Center

Tim Akpinar agrees with this answer

A: Yes you may have a case. You need to consult with an experienced produce liability attorney. Products liability is a particular area of law that requires an experienced attorney. Search this website or ask attorneys with whom you are in contact for a referral.

Tim Akpinar agrees with this answer

A: I'm sorry about your accident, but glad to hear that you were not seriously injured. You could reach out to attorneys to discuss in further detail. Design defect is a recognized basis for actions based on product liability theory. You mention expired warranty. Warranty could be become a non-issue if the design defect is validated (express warranties, anyway - implied warranty analysis requires a closer look). If, based on your minor injuries, you are not interested in pursuing a case, your experience could probably be valuable to the company's engineers, designers, and manufacturers in assessing the current design, and taking measures to make future units safer for the public. I hope you are okay. Good luck

James L. Arrasmith
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Answered

A: You may have strong grounds for a product liability lawsuit despite the expired warranty, as manufacturers remain liable for design defects that make products unreasonably dangerous regardless of warranty status. In California, you typically have two years from the date of injury to file a personal injury claim, so you're well within the statute of limitations since your accident occurred in June 2025.

The fact that the brake cable failed due to a design flaw - specifically, the cable rubbing against the tire in a way that's not easily visible - could establish that the eBike was defectively designed. Product liability law holds manufacturers responsible for injuries caused by design defects, manufacturing defects, or failure to warn consumers about known dangers. Your case appears to involve a design defect, which exists when a product's design makes it inherently unsafe even when manufactured correctly.

Document everything you can about the incident, including photos of the failed brake cable, the bike's condition, your injuries, and any medical records or expenses. Keep records of your attempts to contact Pedal Electric and search for other consumers who've experienced similar issues - this pattern could strengthen your case. Consider consulting with a personal injury attorney who handles product liability cases, as they can evaluate the specific details of your situation and help determine the best path forward, whether that's negotiating directly with the manufacturer or filing a formal lawsuit.

Tim Akpinar agrees with this answer

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