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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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