Injuries Caused by Bicycle Helmet Defects
Philadelphia Child Injury Lawyer Helps Families with Product Liability Claims
Bike helmets are important safety devices that decrease the risk of serious injury in bicycle accidents. A helmet prevents injury to the head and spinal cord by absorbing and dispersing the impact. This is especially important for children, who may be more likely to fall or crash when cycling. For this reason, many states have laws requiring helmet use for children under a certain age. However, if a bike helmet has flaws or defects, then it may not work properly in a crash, putting children at risk for severe, life-altering injuries. Although manufacturers are required to meet many federal standards regarding the construction of bicycle helmets, design and manufacturing defects are still common.
If your child has been injured due to a defective bike helmet, or any other product, the attorneys at Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., are here to help. We have experience filing child injury claims against large, powerful corporations, and have the resources to conduct a thorough investigation. A child injury lawyer from our firm can also assist you with claims against other liable parties, including negligent drivers, bike manufacturers and more.
What are the Most Common Types of Bicycle Helmet Defects?
Defects in any product, including bike helmets, most commonly occur due to negligence during the design, manufacturing or labeling of the item. Companies that produce bicycle helmets should thoroughly test their designs, use effective materials and include warnings of any risks. However, these companies often try to maximize profits by ignoring or overlooking certain steps and safety procedures. When this happens, product defects in bicycle helmets can result in child injuries that quality equipment could have prevented.
The two most common types of bicycle helmet defects are:
- Retention system failure. In many bicycle accidents, it is common for the chin-strap keeping the helmet in place to fail. When this happens, the helmet may fly off in the event of a crash, leaving the child’s head unprotected. This can result in serious injury, such as a skull fracture and traumatic brain injury.
- Head impact attenuation failure. If the materials of the helmet shell do not absorb the force of an impact properly, then brain injury can occur. This can happen due to different bicycle helmet defects, including:
- Defects of the bicycle helmet shell. Manufacturing defects can result in a weak helmet shell. This can cause it to crack or not distribute the force of an impact properly.
- Defects of the bicycle helmet liner. A helmet liner should be thick and sturdy enough to absorb damaging forces during a bike crash. However, a manufacturing or design defect can cause the liner to collapse or break on impact.
Who is Liable for Child Injuries Caused by Bicycle Helmet Defects?
Generally, the company that manufactures defective bike helmets is liable for the injuries and damages that result from helmet failure. This means that child injury victims and their families should be able to recover compensation from that company through a product liability claim. However, proving this kind of claim can be difficult. The manufacturing company may try to deny liability, especially if the injuries or wrongful death resulted from an accident with a motor vehicle. On the other hand, the car insurance company or at-fault driver may argue the opposite, minimizing their own liability.
An experienced child injury lawyer from our firm can investigate the bicycle crash to find all causes and contributing factors. We work with experts who can examine your child’s bike helmet to determine whether defects caused it to fail. We can also hold the at-fault driver and any other liable parties accountable for their role in the accident. Child injury claims are complex, but our attorneys and guide you through the entire process. We will pursue all compensation options available so that you and your child can heal as much as possible.
Questions on Child Injury Claims? Our Philadelphia Law Firm Has Answers
If your child or the child of a loved one has suffered serious or fatal injuries to the head or spinal cord due to defects in a bicycle helmet, contact our product liability attorneys today. We have a wealth of experience protecting those who have sustained injuries due to the negligence of others. Using that experience, we can evaluate your case free of charge to determine the best way to protect your legal rights.
In addition to free consultations, we offer contingency fee arrangements, so you pay nothing unless we recover compensation for you. We have offices in Philadelphia, Pennsylvania as well as Cherry Hill, New Jersey. However, we can travel to meet you anywhere, at your convenience. Call (866) 569-3400 or contact us online to speak with a child injury lawyer near you.