Riding a bicycle without a helmet may look cool, but it's not a very smart idea, especially since head injuries account for 62 percent of bicycle-related deaths and 67 percent of all bicycle-related hospital admissions (CDC). Brain injuries are difficult to treat and can radically alter the course of one's life.
But they don't always work as directed, illustrated by a products liability lawsuit recently filed in Chicago (Chicago Now).
Chicago resident Donna Singer was participating in a triathalon in Memphis, Tennessee on May 18, 2003 when she fell off her bike. Her helmeted head hit the track's surface and she suffered serious head trauma. She died nearly two-and-a-half years later as a result of her injuries, according to the complaint (Singer v. Giro Sport, DocStoc) filed by her surviving husband.
Husband Eric Singer is suing the manufacturer (Giro) and the retailer (Village Cycle & Supply) for more than $50,000, alleging 10 total counts including wrongful death (strict liability and negligence), loss of consortium, breach of express and implied warranties of merchantability and general negligence.
In non-legalese, he's suing both the maker and the seller for a product that he claims did not protect his wife's brain as advertised. Although the lowly bike shop did not participate in the design and manufacture of the helmet in question, it still is liable.
This brings up an important question: Why would anyone want to make a product where the stakes are so high? Making a faulty ballpoint pen is one thing, but the bike helmet is designed solely to prevent head trauma and death. So if it doesn't work, it's a big deal.
Three organizations have voluntary standards for bicycle helmets and manufacturers also must assess their products in realistic crash simulations, according to the Centers for Disease Control. So the manufacturer can present the results of its tests in defense of such a suit, but in this country you can sue for just about anything.
That doesn't really answer the question, but it all comes down to the burden of proof.
- Helmet Related Statistics from Many Sources (Bicycle Helmet Safety Institute)
- Defective and Dangerou Products - Legal Issues (FindLaw)
- Chicago Injury Lawyers (FindLaw)
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