Bike Helmets Sold By Walmart Recalled Due To Compliance Issues

Walmart recently announced the recall of 72,000 Scout Kid’s children’s bike helmets sold in Walmart stores across the country and on their website. According to the Consumer Product Safety Commission, the recalled helmets fail to comply with federal regulations on coverage, positional stability, and labeling. The helmets can fail to protect the head in the event of a bicycle crash. Scout Kid’s is offering a full refund to customers who purchased the item.

There have been numerous product liability lawsuits related to bike and motorcycle helmets in the past. These lawsuits contend that the product failed to provide sufficient safety and led the consumer to erroneously believe that they were safe from head injury. In these cases, the consumer sued the company that manufactured the helmet and held the company responsible for their injuries.

Denver man sues for $10 million in bike helmet product liability case 

A 50-year-old Denver man filed a lawsuit against Specialized Bicycle Components for $10 million alleging that the helmet he wore during a bicycle accident was defective. According to the plaintiff’s complaint, he was wearing an XXL Specialized Max helmet model when he sustained the injury in a cycling accident. The plaintiff claims that he fell off his bike and tumbled to the side of the road. As a result of the accident, he sustained a skull fracture, scalp laceration, and permanent brain injuries.

The plaintiff contends that he purchased the helmet because it was one of the few designed to fit his head. He alleges that he trusted that it would keep him safe during typical bike accident scenarios. His complaint alleges that the helmet was sold under the promise that it met or exceeded various safety standards but was not designed in such a manner that it would comply with the requirements of its certifications and testing. The complaint does not specify how the bike helmet failed to meet the requirements of its certifications.

The plaintiff further contends that Specialized made a “manufacturing and testing decision” that “resulted in the helmet being cheap instead of reasonably safe during common bicycle accidents.” Specifically, the complaint alleges that Specialized failed to use MIPS technology on the model. MIPS is designed to reduce rotational motion to the head which can, in turn, reduce the risk of serious brain injury. In some cases, a plaintiff can sue on the grounds that a company failed to use a better technology than the one used in their product. This is especially true when the company makes claims that its product meets or exceeds industry standards for the product.

Talk to a Florida Product Liability Lawyer Today 

Halpern, Santos & Pinkert represent the interests of those injured by dangerous or defective products. Injured victims can file lawsuits against the company that manufactured the product and the retailer who made the product available to the public. We have filed claims against major retailers like Walmart, Target, and Costco and can help you recover damages related to injuries sustained due to a dangerous or defective product. Call our Florida personal injury lawyers today to learn more.

Sources:

cpsc.gov/Recalls/2024/Retrospec-Recalls-Kids-Bike-Helmets-Due-to-Risk-of-Head-Injury-Violation-of-the-Federal-Safety-Regulation-for-Bicycle-Helmets

bicycleretailer.com/industry-news/2019/08/28/denver-man-sues-specialized-10-million-helmet-product-liability-case