The United States Centers for Disease Control and Prevention (CDC) estimates1 that approximately 1.7 million people in the United States sustain a traumatic brain injury (TBI) each year. While the majority of these injuries are caused by falls, sports injuries, stuck by/against events, and violent assaults, a significant number are caused by defective consumer products. When these incidents occur, victims can often file a lawsuit against the manufacturer or retailer of the product that caused their injury in order to recover for their losses, including their medical expenses, lost income, physical and emotional pain and suffering, and loss of enjoyment of life, as well as others. In certain cases, punitive damages2 may also be available. It is important, therefore, for anyone who has sustained a TBI that they believe may have been caused by a defective consumer product to consult with an attorney in order to find out whether they may be able to file a legal claim.
Florida products liability law
The area of law that operates to hold manufacturers, retailers, and others involved in bringing consumer products to market liable for injuries caused by defective products is known as products liability law3. Generally, these claims fall into one of three main categories:
- Claims based on defective design
- Claims based on defective manufacture
- Claims based on defective marketing, also known as “failure to warn” claims
The category that your potential claim will fall into depends on the specific circumstances of your case. Your attorney will be able to review the facts surrounding your TBI accident and determine which type of claim you may be able to assert.
When an athlete or young athlete’s parent purchases sports equipment, they expect that the equipment will be safe for its intended use in the sport. This is especially true for protective equipment designed to shield sensitive parts of the body such as the head or neck from potentially dangerous impacts. This type of protective gear is especially important in contact sports such as football, hockey, boxing, and soccer. Helmets are also a necessity in sports that involve throwing balls at a high velocity toward an athlete, such as softball or baseball.
Manufacturers of sports equipment should use the utmost care in designing and producing protective gear. If a manufacturer sells a defective helmet or other piece of protective gear, an athlete can be left vulnerable in the event of a tackle or other blow to the head. Such situations can result in serious traumatic brain injuries or even multiple brain injuries if the defect is not immediately realized.
It is only natural that parents want to purchase the safest products for their infants and young children. Many of these products must be constructed to adequately support the weight of the child, such as cribs, strollers, high chairs, and similar types of apparatus. Unfortunately, some manufacturers sell products with structural defects that may cause these products to suddenly collapse without warning.
If a baby or small child is inside the apparatus when it collapses, chances are high that the child may fall to the ground, sometimes from considerable heights. When a child falls, it is common that they will hit their head with significant force on the ground or other nearby object, resulting in a traumatic brain injury.
Defective auto parts
Defective or malfunctioning auto parts are a common cause of motor vehicle collisions. When brakes, tires, steering mechanisms, or other important auto parts fail, a driver can lose control and can collide with another vehicle or into a stationary object, sometimes at high speeds. Victims of auto collisions commonly suffer TBIs from either hitting their head on the inside of the car or from a jostling of the brain due to whiplash-type movements. In such cases, the auto manufacturer should be held liable for the losses incurred by the victim related to their brain trauma and other injuries.
Contact a Clearwater traumatic brain injury lawyer today to schedule a free consultation
Individuals who have sustained a traumatic brain injury due to a consumer product malfunction may be able to recover significant compensation. At the Dolman Law Group, we strive to provide the best possible legal representation available and work closely with our clients in order to ensure that their needs are met. Our lawyers understand the tactics that insurance companies and defense attorneys often use in order to minimize or avoid liability and are prepared to use every legal means at our disposal to ensure that you obtain the recovery you deserve. To schedule a free consultation with one of our attorneys, call our office today at (727) 451-6900.
Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756