A brain injury can result in life changing consequences. While riding a motorcycle, we wear helmets to protect our brains. In the event of an accident, helmets are intended to protect and keep our brains secure. However, design defects in motorcycle helmets can result in serious injury to the brain. Traumatic brain injuries, brain hemorrhages, skull fractures, and lethal effects can all occur when a helmet doesn’t provide enough protection.
What Are Design Defects in Motorcycle Helmets?
Before reaching stores, a motorcycle helmet may have a faulty design making it essentially unsafe from the beginning. A thin shell on the outside of the helmet that can’t withstand blunt force and cracks on impact, insufficient padding on the inside that can’t absorb a blow to the head, or a defective chin strap, fastener, buckle, or snap that can cause the helmet to come off the head before impact are all common design defects in motorcycle helmets.
What Causes Design Defects in Motorcycle Helmets?
While a business may design a helmet correctly, it may not take the time, effort, or money to guarantee that the parts it uses are functional and free of defects. The Department of Transportation’s basic safety regulations must be met by manufacturers in order to sell motorcycle helmets. Many helmets fail to meet these safety requirements and are still sold despite the fact that this is a basic level that is not difficult to meet.
Who is Liable In a Design Defect Claim?
In the case of a design defect, the entity that designed the product is usually the one that is liable. Someone may be held liable for a manufacturing defect lawsuit if they are involved in the manufacture, assembly, or distribution of goods. A breach of the warranty, negligence, or strict liability can all be factors of a product liability claim.
What Do You Need To Prove in a Design Defect Case?
The plaintiff can demonstrate that the product posed a known or foreseeable danger to customers in order to establish liability. Another scenario is when the risks exceed the benefits. Consumers must additionally show that the product caused them harm. One of two tests are applied in order to evaluate whether a defectively constructed product caused a plaintiff’s injuries:
- A court will decide whether a reasonable consumer would be aware of the product’s danger.
- A court will decide whether the dangers of using the existing product outweigh the expenses of employing a different design.
How Can an Experienced Lawyer Help You Win a Design Defect Case?
Design defect cases are difficult to win and require a lot of effort, proof, attention to detail, and expert witness. A skilled attorney can assist in determining the basis of a claim, constructing a compelling case, gathering evidence, managing documents and due dates, negotiating a settlement amount, calculating current and future losses, and representing the victim in court.