If your child was injured as the result of a defective piece of sports equipment, your family has the legal right to seek compensation from the manufacturer through a product liability claim.
Sports injuries don’t happen out of the blue; a lot of times, a defective item (such as a helmet) may actively contribute to these injuries rather than protecting against them.
Manufacturers are charged with the responsibility of ensuring that sports equipment they produce is in good working order. This usually requires high standards of quality control, the use of superior quality raw materials, and following strict safety standards put down by the government and various sports regulatory bodies. That being said, it’s not uncommon for these manufacturers to rush items through the whole process, resulting in defective (or ineffective) products.
If a manufacturer’s negligence is found to be a contributing factor in the severity of the injury, why should you and your family suffer the financial burden? Additionally, if no one holds the manufacturer responsible, the issue will not be rectified and countless others may suffer harm due to the very same issue.
Defective Helmets are a Serious Issue
Defective helmets pose a great danger to users because of the delicate nature of the human head and brain. In addition, the brain is responsible for sending signals to every organ and biological system. Any kind of trauma to the head may potentially be life-threatening and may cause injuries that will last a lifetime.
Head injuries are common in games such as football and hockey, so helmets that players wear in these types of sports should be well constructed, tested, and sturdy enough to absorb almost any type of impact.
A properly-made helmet should fit a player’s head snugly at all times. It should also have a chinstrap made from material that can take a lot of movement as well as show minimal wear and tear over time. Protective equipment must conform to industry standards, and should be rigorously tested prior to hitting the shelves.
How Do I Hold the Manufacturer Responsible?
Sports-related injuries caused by defective equipment lie within the manufacturer’s realm of responsibility. This means that any damages (medical bills, lost wages, pain and suffering) caused by the equipment should be taken care of by the manufacturer who will compensate the injured party accordingly. At least that’s how it should work…
The unfortunate reality is that manufacturers will do everything in their power to avoid a recall, and that includes denying legitimate injury claims related to their product. In order to have any real chance at a successful claim, you will need an attorney on your side who has experience with product liability claims. Luckily, these type of lawyers work on contingency, meaning you never have to pay them a dime out of your own pocket.
Product liability is an arm of personal injury law which seeks to hold manufacturers responsible for their portion of liability with regard to injuries that arises due to poorly made sports equipment. These manufacturers are duty bound when it comes to ensuring that all the equipment they make pass stringent testing. In addition, they are required to alert consumers of any defect their product may have in a timely manner by way of a safety recall.
Through a product liability claim (or lawsuit), you can seek to recover 100% of your related money losses, and help pay for your medical bills and any restorative physical therapy you may need going forward. In addition, multiple parties involved in the chain of distribution may also hold a portion of liability for such injuries.
As these type of cases are very complex, we do not recommend trying to bring a claim without an attorney unless you have considerable experience in the field of product liability law. You only get one chance to bring your claim, and we strongly recommend seeking the help of a licensed attorney.
If you would like to speak to an attorney about your potential case for free, call us today at (877) 659-2580 (toll-free).