Potential Issues You May Face When Pursuing Legal Action Against A Helmet Manufacturer

If your child is just learning how to ice skate, the most critical piece of protective gear that you need to buy is a helmet. The helmet will be instrumental in keeping your child's head and face safe in the event of the inevitable falls. Virtually all of the helmets that you can buy on today's market will offer protection, but there's a small chance that your child's helmet could have a defect that causes it to fail to provide the desired level of protection. Should your child suffer a head injury while ice skating and you believe that the helmet was partially to blame, you may hire a personal injury attorney. Here are some issues that you'll need to prove.

The Child Was Wearing The Helmet Properly

One of the first things that the helmet company's attorneys will investigate is whether your child was wearing the helmet properly or not. The fine print on helmet packaging often states that the helmet is designed to provide protection to those who wear it correctly. There are several potential issues that could suggest your child wasn't wearing the helmet properly. For example, if the helmet was too large that it didn't provide a snug fit or the child didn't have the chin strap done up properly, the other attorneys could argue against your case.

The Child Wasn't Doing Something Dangerous

A helmet is designed to protect the user as long as he or she is engaging in the activity in question appropriately. In the case of a helmet for ice skating, it should protect your child's head from standard falls. You may have trouble with your case, however, if your child sustained a head injury while wearing the helmet but also while doing something dangerous. For example, if your child were attempting a stunt that involved jumping, and the other party's attorneys can prove this, it may be trouble for your case.

The Helmet Was Broken

You'll also need to demonstrate proof that the ice skating helmet was in optimal condition at the time of your child's injury. Helmets do not provide proper protection when they're broken. For example, if the outer plastic shell of the helmet has a crack, the entire helmet has lost the integrity that it needs to protect your child. Similarly, if the foam padding inside has deteriorated — which is often the case if someone is using a helmet that is extremely old — it won't protect your child's head properly.