It's a hot topic for personal injury lawyers. The bad thing is that most small shops still don't do waivers or Quick-Release demonstrations like we do. However, it is good to be aware of what happens in those cases. A small shop will likely need to pony up $50,000 minimum for a legal retainer, since they're on the defending side. Most can't, and their way of life is over. The community of riders that used the shop all get displaced regardless if the case is valid or frivolous. It's never good when people get hurt in an accident, and far worse if many others bear the weight of it without fault. (The previous comment exists without linkage to any of the cases shown in this blog.)
Certifying that the bike is safe to ride has always been the responsibility of the operator/rider, and is mentioned in any Owner's Manual several times.
From Bicycleretailer.com:
Rider Sues Bike Shop, GT Bicycles for Failed Quick Release
MAY 26, 2006 -- SANTA FE, NM (BRAIN)—Archibald Sproul, a Santa Fe contractor is suing Rob and Charlie's, a local bicycle shop, and GT Bicycles who made the bike he purchased more than 10 years ago, for injuries he sustained when his quick-release failed and his front wheel came off.The lawsuit, filed on May 18 at the First Judicial District Court Santa Fe, New Mexico, includes as defendants GT Bicycles, Pacific Cycle and frame maker Ishiwata. The damages sought by Sproul are unspecified and no court date has been set at this time.The suit claims that the defendants are at fault for manufacturing and selling Sproul a GT All-Terra mountain bike without warning him of the dangers of a quick-release hub and implying that the bike was safe for its intended use. Sproul claims the quick-release eventually failed, causing the front wheel to fall off and causing Sproul extensive injuries.
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