If you or a loved one experienced serious head or brain injuries following the use of a defective helmet, you may be entitled to pursue compensation. At Schmidt & Clark, we are dedicated to helping individuals who have suffered due to defective helmets. Our experienced legal team is here to guide you through the process and fight for the compensation you deserve. Contact Schmidt & Clark today for a free, no-obligation consultation.
Table Of Contents
- Defective Helmet Lawsuit Overview
- Latest Defective Helmet Lawsuit Updates
- CPSC Reports and Statistics
- Defective Helmet Injuries & Side Effects
- Do You Qualify for a Defective Helmet Lawsuit?
- Defective Helmet Recall Information
- Statute of Limitations for Defective Helmet Lawsuits
- Frequently Asked Questions
- 1. What are the most common injuries caused by defective helmets?
- 2. How do helmet manufacturers typically address defects or safety issues?
- 3. What role do helmet design and materials play in preventing injuries?
- 4. How do I know if my helmet is defective?
- 5. Can I file a lawsuit if my helmet was recalled after my accident?
- 6. How long does a defective helmet lawsuit typically take?
- 7. What if I no longer have the defective helmet?
- Take Action Now: Time-Sensitive Legal Claims
- Do I have a Defective Helmet Lawsuit?
- References
Defective Helmet Lawsuit Overview
Defective helmet lawsuits target manufacturers for producing helmets that fail to meet safety standards. The primary allegations involve manufacturing or design defects that prevent helmets from performing as advertised or in conformance with national standards established by the American Society for Testing and Materials (ASTM International). These defects have led to numerous catastrophic injuries that could have been prevented with properly functioning helmets. The Consumer Product & Safety Commission (CPSC) regulates helmet safety but defective products continue to reach consumers.
Latest Defective Helmet Lawsuit Updates
Our legal team continuously monitors developments in defective helmet litigation to provide the most current information to our clients. Recent significant developments include:
- April 2025 – Multiple manufacturers facing class action lawsuits after investigation revealed industry-wide quality control failures in helmet safety testing procedures
- March 2025 – CPSC issued expanded safety standards for bicycle and motorcycle helmets, requiring additional impact resistance testing
- January 2025 – $12.5 million settlement reached in multi-district litigation involving defective motorcycle helmets that failed during impact testing
CPSC Reports and Statistics
According to CPSC data and injury reporting systems:
- Over 2,000 adverse event reports have been filed related to defective helmets in the past 5 years
- Approximately 75% of reported helmet failures involve inadequate impact absorption
- The CPSC has issued 12 helmet recalls in the past 3 years affecting over 500,000 units
- Bicycle and motorcycle accident statistics show that properly functioning helmets reduce the risk of head injury by 60-70% [1].
Defective Helmet Injuries & Side Effects
Defective helmets have been linked to severe injuries that proper safety equipment should have prevented or minimized.
- Brain injuries: Including concussions, contusions, and traumatic brain injuries resulting in permanent cognitive impairment
- Spinal cord injuries: From inadequate neck protection or improper design leading to hyperextension during impact
- Paralysis: Resulting from severe trauma to the spine due to helmet failure during critical moments of impact
- Wrongful death: Fatal injuries that could have been prevented with properly functioning protective equipment
Even in the most experienced riders, defective helmet injuries are responsible for causing these serious conditions that can have lifelong consequences [2].
Related Articles:
- Akoury Helmet Recall Lawsuit
- Bee Free Helmet Lawsuit
- Bicycle Helmet Recall Case
- Morpher Folding Helmet Litigation
Do You Qualify for a Defective Helmet Lawsuit?
You may qualify for a defective helmet lawsuit if:
- You purchased and used a helmet that was later subject to recall or found to have design/manufacturing defects
- You experienced serious injuries including brain trauma, spinal injuries, or other significant harm while wearing the helmet
- The injuries required medical treatment or hospitalization
- You can provide documentation of both the helmet purchase and your medical treatment
Evidence Required for a Defective Helmet Lawsuit
- Medical documentation: Records detailing your injuries, treatment, and prognosis from healthcare providers
- Product evidence: The actual helmet involved in the accident, purchase receipts, or proof of ownership
- Accident reports: Police or incident reports documenting the circumstances of the accident
- Expert testimony: Opinions from safety experts regarding the helmet’s defects and how they contributed to your injuries
Damages You Can Recover
Victims of defective helmet injuries may be entitled to compensation for:
- Medical expenses including emergency care, hospitalization, surgery, rehabilitation, and ongoing treatment
- Lost wages from missed work and reduced earning capacity due to permanent disabilities
- Pain and suffering, including physical pain and emotional trauma
- Punitive damages in cases where manufacturers showed gross negligence in helmet design or production
Defective Helmet Recall Information
Several helmet recalls have been issued in recent years due to safety concerns:
- Multiple manufacturers have recalled helmets that failed impact resistance testing
- Specific models have been found to have faulty chin straps that can detach during impact
- Some helmets have been recalled due to foam degradation that reduces protection over time
For specific recall information related to your helmet model, check the CPSC website [3].
Statute of Limitations for Defective Helmet Lawsuits
The time to file a defective helmet lawsuit is limited and varies by state:
- Most states allow 2-3 years from the date of injury to file a product liability claim
- Some states have “discovery rules” that extend the deadline based on when you discovered the helmet defect
- Statute of limitations can be as short as 1 year in some jurisdictions
Consulting with an attorney promptly after your injury is critical to preserve your legal rights.
Frequently Asked Questions
1. What are the most common injuries caused by defective helmets?
The common injuries include concussions, skull fractures, traumatic brain injuries, and cervical spine injuries. Defective helmets may fail to absorb impact, increasing injury risk in accidents.
2. How do helmet manufacturers typically address defects or safety issues?
Manufacturers often issue recalls, provide replacement helmets, and improve design or materials. They may also conduct safety investigations and work with regulatory agencies to address identified defects.
3. What role do helmet design and materials play in preventing injuries?
Helmet design and materials are crucial for impact absorption, shock distribution, and protection. Quality helmets use advanced materials and engineering to reduce injury risk and meet safety standards.
4. How do I know if my helmet is defective?
Signs of defective helmets include cracks in the shell, loose components, worn straps, or visible foam degradation. Also check if your helmet model has been subject to a safety recall by the CPSC.
5. Can I file a lawsuit if my helmet was recalled after my accident?
Yes, a recall after your accident can strengthen your case by providing evidence that the manufacturer recognized a safety issue. The recall documentation can serve as important evidence in your lawsuit.
6. How long does a defective helmet lawsuit typically take?
Most defective helmet lawsuits take between 1-3 years to resolve, depending on the complexity of the case and whether it settles or goes to trial. Your attorney can provide a more specific timeline based on your circumstances.
7. What if I no longer have the defective helmet?
While having the actual helmet strengthens your case, you may still pursue a claim without it if you have other evidence such as purchase records, photographs, witness statements, and medical documentation linking your injuries to helmet failure.
Take Action Now: Time-Sensitive Legal Claims
Time is limited to pursue legal action for defective helmet injuries. Most states only allow 2-3 years from the date of injury to file a product liability claim, and this window can close quickly while you’re dealing with recovery.
Our dedicated legal team offers:
- Free, confidential consultations to evaluate your case
- No upfront costs or fees for our services
- Payment only if we win your case through settlement or verdict
Don’t wait until it’s too late to seek justice for your injuries. Contact Schmidt & Clark today to discuss your potential defective helmet lawsuit.
Do I have a Defective Helmet Lawsuit?
The Personal Injury & Product Liability Litigation Group at our law firm is an experienced team of trial lawyers that focus exclusively on the representation of plaintiffs in defective helmet lawsuits. We are handling individual litigation nationwide and currently accepting new cases in all 50 states.
See other personal injury cases we’re currently taking.
References
[1] https://www.nhtsa.gov/motorcycle-safety/helmet-effectiveness
[2] https://thejns.org/view/journals/neurosurg/helmet-safety
[3] https://www.cpsc.gov/Safety-Education/Safety-Guides/helmet-safety