The production of children’s goods is a special area of manufacturing that requires exceptionally high precision and quality in order to ensure that children, with their rather creative methods of sustaining injuries, are safe and protected. Sporting goods in particular pose a serious threat to children when they are not designed or assembled properly. These products are generally used in potentially high-risk situations, such as riding a bicycle at fast speeds or swinging an object to hit balls. A defective helmet or golf club can cost a child his or her life.
If your child has suffered a needless injury from a piece of defective sports equipment, you deserve to see the responsible company brought to justice. Defective children’s sports equipment lawyer Jeffrey Killino is dedicated to helping people in your situation gain the compensation they and their children deserve. Call him today at 877-875-2927 to learn more about your legal options.
Common and Dangerous Defective Equipment
The Consumer Product Safety Commission (CPSC) recalls sports equipment reported to contain defects that have caused or pose the risk of injury to children. Certain pieces of sporting equipment are commonly found to be defective and quite dangerous, including the following:
- Bicycles
- Helmets
- Golf Clubs
- Paintball Guns
- Trampolines
- Skis and Snowboards
- Fishing Poles
- Cleats or Tennis Shoes
- Skates
The above goods may pose a serious threat to children who may not yet understand all the dangers associated with careless use of these products. Defective products, especially, may be extremely dangerous for children since they do not yet have the experience or knowledge to handle or react properly to an unexpected situation.
Legal Liability for Injuries Caused by Defective Children’s Sports Equipment
Children are often injured while using sports equipment, even when the equipment is being properly used and no one’s negligence is involved. Sports equipment designed for children may have defects in the equipment’s design or manufacture, or in the manufacturer’s failure to warn or instruct regarding its safe and proper use.
Product-liability Actions for Injuries Caused by Defective Sports Equipment
When a child’s sports-related injury is caused by a defect in sporting equipment rather than by the negligence of a coach or other individual or entity, the injured party may institute a product-liability action against the manufacturer of the equipment and anyone in the chain of the product’s distribution. This applies not only to manufacturers of equipment as a whole, but also to manufacturers of component parts.
Many states have enacted statutes that govern the particulars of product-liability law, while others adhere to common-law and the law of the Uniform Commercial Code. States have the option of adopting the Department of Commerce’s Model Uniform Products Liability Act (MUPLA), but many choose not to do so. As a result, product-liability law varies from state to state and between state and federal jurisdictions.
Strict Liability Claims
Product-liability actions may be based on theories of negligence, breach of warranty, or strict liability, and all jurisdictions require proof of a product’s defect, regardless of the theory upon which the claim is based. When the damages sought are for a personal injury, however, strict liability is the form of product liability most often employed.
Thus, actions in product liability brought against manufacturers of defective sports equipment to recover damages for injuries caused to a child as a result of the defect will generally be brought as strict liability actions. In many jurisdictions, strict liability does not allow consideration of evidence of a manufacturer’s negligence.
If the jurisdiction follows the Restatement (Second) of Torts with respect to strict liability actions, a manufacturer’s negligence and knowledge of a defect is irrelevant. Thus, the manufacturer may be held liable for injuries caused to a child by a defect in sports equipment even if the manufacturer exercised the utmost care in the design and manufacture of the equipment. If the jurisdiction follows the Restatement (Third) of Torts for strict liability actions, however, the manufacturer’s negligence or lack thereof may become relevant in certain cases.
Liability of Others in the Chain of Distribution
Products liability law holds anyone in the chain of a product’s distribution liable for injuries caused by a product’s defect. Thus, the seller of equipment manufactured by another company may be held strictly liable for injuries caused as a result of the equipment’s defect, even if the seller had no knowledge of the defect at the time the equipment was sold and took no part in the creation of the defect.
Product-liability law is quite complex and requires expert testimony regarding the manufacture of products, the existence of defects, the cause of injuries, and the extent and existence of injuries and their resulting damages. An attorney experienced in product-liability actions, particularly those involving injuries sustained by children, can help you evaluate your case and carry you through the process necessary to see that justice is done for you and your child.
Contact Us
Personal Injury Attorney Jeffrey Killino is not afraid to confront large manufacturing companies that have put children at risk of injury or death. He has taken legal action against child toy manufacturer Mattel for putting dangerous products on the market, and he will not hesitate to do the same against any other business for engaging in similar behavior. If your child has been harmed by defective sporting equipment, contact attorney Killino at 877-875-2927 to speak with him about your legal options.
