Lorie Applebaum v. Target Corporation

OPINION

SUTTON, Circuit Judge.

Cycling and gravity have an uneasy relationship, as anyone who rides eventually learns. There are many ways, too many ways, to fall. A slick surface, an effort to avoid a hazard, a suddenly appearing animal, and a suddenly decelerating rider all come to mind. This lawsuit brings to the fore two other possibilities: a defective bicycle or operator error.

While browsing in a Target store in 2009, Lorie Applebaum noticed a purple Schwinn mountain bike that reminded her of her childhood bicycle. A few days later she bought one just like it at a different Target store.…