Bicycle helmets are worn in order to protect bicyclists in the event of an accident or fall. Bike helmet users can range from young children to adults and are used for recreational biking, competitive biking, mountain biking, and other bicycle-related activities. Many states and jurisdictions have bicycle helmet laws requiring bicyclists to wear a helmet while riding.
Bicycle helmets are intended to prevent head injuries such as concussions. However, injuries can still occur even with the use of a helmet. Head trauma, lacerations, skin lesions and burns, and other injuries can often occur while biking with a helmet, especially if there is a defect with the product. Injuries that involve the helmet strap and other parts can also occur.
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Who Can be Held Liable for a Bike Helmet Injury?
Depending on the case, different parties might be held responsible or liable for a bicycle helmet injury. In some cases, the manufacturer of a bike helmet could be held liable under product liability laws if there is a defect with the helmet. An example of this is where the product is designed poorly, causing the helmet to crack after a fall, resulting in injury. Here, it is possible for the manufacturer to be held liable under product defect laws.
In other cases, some places provide people with bike helmets. For instance, some bike rental businesses may also provide helmets for their patrons. If they knowingly provide a helmet that is defective or unsafe, they could also be held liable under law.
What are Bike Helmet Recalls?
If regulatory authorities determine that a particular type or model of bicycle helmet is dangerous, they may issue a bike helmet recall. This is where the product is removed from stores and other distribution channels in order to prevent additional harm to the public. Retailers or distributors that knowingly continue to sell recalled bike helmets may also be held liable for injuries under negligence laws.
Production of that type of bike helmet will usually stop, though the manufacturer might also release an updated version of the product that corrects the safety issues.
What are the Legal Remedies for a Bicycle Helmet Lawsuit?
Bicycle helmet injuries can be serious and can result long-term damage or medical conditions. In such cases, legal action may be needed to resolve issues with expenses and losses. In most cases, a compensatory damages award may be issued to the injured party to compensate them for their financial expense.
The damages will often be sufficient to cover a variety of expenses and losses, such as hospital bills, medication costs, surgery expenses, lost wages, pain and suffering, and other losses. In the event that many people are harmed by the same type of helmet model, a class action suit may also follow.
Do I Need a Lawyer for Assistance with a Bicycle Helmet Injury Lawsuit?
Bicycle helmet lawsuits can be complex and may require the assistance of a legal professional. It may be in your best interests to hire a personal injury lawyer if you have a bike helmet claim. Your attorney can provide you with advice on how to proceed and can represent you during the process.