Sack Goldblatt Mitchell is the law firm which successfully won compensation for a Toronto cyclist who was injured when the driver of a parked car opened his car door in her path. The case gained worldwide publicity last month because the lawsuit was against the City of Toronto which Sack Goldblatt Mitchell claimed had been negligent in failing to ensure that the roadway was safely designed for all users including cyclists.
Now the same lawyer who represented the "doored" cyclist is taking up the case of William Beattie of Toronto in a $200m lawsuit.
Sean Dewart said other plaintiffs are welcome to join Beattie, forming a class action, the second of the week against Kryptonite.
"Although the defect was reported in a specialisd trade magazine more than a decade ago, a number of manufacturers, including Kryptonite, continued to market this type of lock as the gold standard," said Dewart.
In fact, it was reported in the October 1992 New Cyclist magazine, a consumer title, no longer published.
"Many of the locks are now nothing more than expensive scrap metal and many bicycle owners are in jeopardy of having their bikes easily stolen," said Dewart
"The recall being offered by one single manufacturer to exchange locks beginning in mid-October is completely inadequate. Bicycle owners need reliable locks now, not weeks or months from now. The lawsuit has been commenced to provide meaningful recourse for thousands of consumers."
Sack Goldblatt Mitchell's Louis Sokolov said: "A competent company should have been reading the trade publications."
The law-firm is seeking to compensate people who feel they have to buy new locks or use other modes of transportation if the "right" bicycle locks are sold out. There would also be compensation for those who can prove they have had bicycles stolen using the Bic-method, said Sack Goldblatt Mitchell.
Kryptonite is providing free lock upgrades to owners of its tubular cylinder locks. No other lock company secured with similar ACE locking mechanisms is taking any replacement action.