Personal Injury Type -  Helmets

The U.S. Consumer Product Safety Commission estimates that about 3 million head injuries related to consumer products were treated in hospital emergency rooms in 1988. About 440,000 or these were injuries such as concussions and skull fractures. Many of these accidents happened when helmets could have been worn. The Commission's study of head injuries showed that these four products or activities had large numbers of hospital emergency room-treated head injuries related to them and high hospitalization rates for these injuries. Snow skiing had 12,700 head injuries, all terrain vehicles had 12,000 head injuries, horseback riding had 8,000 head injuries, and bicycles has 169,000 head injuries. Many people do not wear helmets. Fewer than 1 out of 10 bicyclists wear helmets. Three-fourths of ATV drivers with head injuries were not wearing helmets. The CPSU now recommends that skiers and snowboarders wear helmets to help prevent head injuries from falls and collisions.

The CPSC estimates that 7,700 head injuries -- including 2,600 head injuries to children -- could be prevented or reduced in severity each year by using skiing or snowboarding helmets. Moreover, head injuries frequently occur in sporting activities were helmets or headgear would be appropriate. There are several nationally recognized voluntary safety standards for helmets. These standards require helmets to absorb the energy of an impact to lessen or prevent head injuries. Crushable, expanded plastic foam can serve this purpose. Many helmets also have a hard outer shell to protect against collision with a sharp object. To reduce head injuries, bicyclists, ATV riders, horseback riders, and skiers should wear the helmet appropriate for each activity.

If you, a loved one, or friend have suffered a head injury you may have a valid injury claim and entitled to compensation. Legal claims involving helmets and head injuries may involve complex legal, medical and technical issues. The following are a few important legal, factual and evidentiary matters that should be considered when evaluating a claim.

  • What were the circumstances surrounding the accident?  
  • Are there witnesses to the incident?
  • Was the activity commercial, employment, recreational, sports, or personal in nature?
  • Did the injury occur on the job?
  • Was a helmet required by law or safety regulations?
  • Could a helmet have prevented or reduced the injury?
  • Should a helmet have been worn or required in order to participate?
  • Was a helmet being worn?
  • Is the helmet available for inspection?
  • Did the helmet function improperly?
  • Could the helmet have been designed safer?
  • Was the helmet or it's components defective?
  • Were there proper warnings and/or instructions regarding the helmet's use?
  • In the case of children participating in sports, should those supervising have provided helmets? 
  • If a sports activity,  should a helmet or headgear been required in order to participate?
  • For a motorcycle accident, did the helmet function properly?
  • For bicycle accidents, was the rider wearing a helmet? 
  • For bicycle rentals, was a helmet provided?
  • Did  a supervising adult fail to require a child to wear a helmet?  
  • Has the injured person been properly examined by a doctor specializing in head injuries?

It is important that an experienced legal team evaluate a helmet and head injury claim. Complex legal, factual, and evidentiary issues may be involved. If you, a friend, or loved have sustained a head, you should take immediate steps to protect your or their interest. Do not compromise your rights by making statements to the press, insurance investigators, potential defendants, their representatives, and do not sign anything. Consider the suggestions in our accident guide, and call us immediately. We are here to help. At Larry King, P.C., we recognize the unique issues pertaining to your claim. You can call us at (757) 595-8100 seven days a week, 24 hours a day, everyday of the year. We also offer a free legal-infoline service, and you can now contact us on this web site by using our Personal Injury Contact form. We are committed to doing the extra things it takes to help our clients. See also HEAD INJURIES   BRAIN INJURY HANDBOOK

   

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