Rental Bike Defect & City Liability Demand Letters

[Date] Via Certified Mail and Email Claims Department Lyft, Inc. (Citi Bike/Bay Wheels) 185 Berry Street, Suite 5000 San Francisco, CA 94107 Re: Personal Injury Claim - Rental Bike Brake Failure Rider: [Client Name] Incident Date: [Date] Bike Number: [Bike ID] Docking Station: [Station Name/Location] Dear Claims Representative: This firm represents [Client Name] regarding serious injuries sustained on [Date] when a [Citi Bike/Bay Wheels/Divvy] rental bicycle experienced complete brake failure at [Location]. We write to demand compensation for medical expenses, lost wages, and pain and suffering resulting from your company's failure to maintain safe equipment. FACTS OF THE INCIDENT On [Date] at approximately [Time], our client rented bike #[ID] from the [Station Name] docking station using the [Citi Bike/Bay Wheels] mobile application. While traveling [direction] on [Street Name] at approximately [X] mph, our client approached an intersection and applied the front and rear hand brakes. Both brake levers compressed fully without engaging the brakes. The bike failed to slow despite repeated brake applications. Our client was unable to stop and struck [describe collision - parked car, curb, pedestrian, etc.], causing the injuries described below. Post-incident inspection revealed the front brake cable was frayed and the rear brake pads were worn beyond the wear indicator line. Both conditions should have been identified and corrected during routine maintenance inspections. LIABILITY ANALYSIS [Lyft/Operator Name] is liable under multiple theories: 1. STRICT PRODUCT LIABILITY: As a commercial lessor of goods, [Operator] is strictly liable for injuries caused by defective products under [State] law. The brake system's failure constitutes a product defect that rendered the bicycle unreasonably dangerous for its intended use. 2. NEGLIGENT MAINTENANCE: [Operator] had a duty to inspect and maintain rental bikes in safe operating condition. The worn brake pads and frayed cable indicate failure to conduct adequate maintenance inspections. This negligence directly caused our client's injuries. 3. BREACH OF IMPLIED WARRANTY: By offering bikes for public rental, [Operator] impliedly warranted they were fit for ordinary cycling use. A bike with non-functional brakes breaches this warranty. WAIVER INAPPLICABILITY The liability waiver in [Operator's] user agreement does not bar this claim because: - The waiver cannot cover strict product liability for manufacturing/maintenance defects - Gross negligence in maintaining safety-critical brake systems exceeds ordinary negligence - California law [or applicable state] disfavors enforcement of pre-injury waivers for essential equipment - The waiver was procedurally unconscionable (small text, no negotiation opportunity) INJURIES AND DAMAGES Our client sustained the following documented injuries: - [Fracture type - e.g., displaced clavicle fracture requiring ORIF surgery] - [Secondary injury - e.g., AC joint separation] - [Soft tissue injuries - e.g., significant road rash requiring wound care] - [Ongoing condition - e.g., restricted range of motion, chronic pain] Medical expenses to date total $[Amount], including emergency care, surgery, and physical therapy. Anticipated future treatment costs of $[Amount] include hardware removal and continued rehabilitation. Our client has been unable to work as a [Occupation] for [X] weeks, with lost wages of $[Amount]. EVIDENCE PRESERVATION DEMAND We demand you immediately preserve: - Bike #[ID], including current condition and any repairs made since incident - All maintenance and inspection records for bike #[ID] - Prior defect reports or user complaints about bike #[ID] - GPS and trip data for bike #[ID] on [incident date] - Maintenance protocols and staff training records - Insurance policies providing coverage for this incident DEMAND Based on documented injuries, clear evidence of equipment failure, and your company's negligent maintenance, we demand the total sum of $[Amount] to resolve all claims: - Past medical expenses: $[Amount] - Future medical expenses: $[Amount] - Lost wages: $[Amount] - Future earning capacity: $[Amount] - Pain, suffering, and permanent impairment: $[Amount] Please respond within thirty (30) days with your settlement position. If we cannot reach agreement, we will pursue litigation including discovery of your maintenance records, prior incident reports, and any pattern of similar brake failures. Sincerely, [Attorney Name] Attorney for [Client Name] [Law Firm] [Address] [Phone] [Email] Enclosures: - Medical records and billing statements - Incident photographs (bike, defect, scene) - Rental confirmation screenshot - App defect report screenshot