Recently a Chicago varsity high school player was killed when he struck his head on the ground even though he was wearing a helmet. A lawsuit was filed against the school board and the helmet manufacturer who, ironically, also makes helmets for the National Football League. The lawsuit claimed that both the school and the manufacturer had failed to take the necessary steps to make sure that the helmet the young man was wearing would function properly during normal and expected use on the football field.
The helmet manufacturer is named Riddell and is well known throughout the country. It has been making sports equipment in Illinois since 1929 and helmets have been constructed by it for decades. The helmets have air bladders that if they are not inflated properly can be unreasonably dangerous to the user. The lawsuit claimed that this was the problem in this case and led to the death of this young man. In addition, the lawsuit claims that there was a failure to properly warn users of this risk. Although this writer has not researched this particular issue, it is reported that Riddell is facing similar claims across the country from professional players and the failure to warn them of these possible risks.
It is well established law across the United States that manufacturers have a duty not to place negligently designed, negligently manufactured, or other dangerous products into the public domain without adequate warnings because of the likelihood of ordinary people being hurt. However, it seems that every day corporate America puts profits above safety and chooses not to warn customers and users about the dangers of their products. Oftentimes these products could be designed so that the danger does not exist. However, at the very least, a company owes it to its customers and other users to warn them of dangers that exist in the product so that people can protect themselves or knowingly assume the risks of a given product.
Establishing the negligence of a company in these cases is difficult. Companies have a reputation to protect and they will do everything they can to ensure that it is protected. The attorney for a person who has been injured must prove that the manufacturer did not act in a reasonable fashion with designing, constructing, or informing the user about product. This can be done but it requires an experienced product liability attorney.
If you have been injured by a product, contact an experienced product liability attorney today. They can help you understand your rights and construct your case in a way that will help you bee successful.
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