Recently, in California, a high school football player, Josh Nava, 17 years of age, was put in a medically induced coma after suffering a head injury during a game. Fortunately, he is now breathing on his own. The tackle causing said injury did not appear to be out of the ordinary. It did not appear overly aggressive or powerful. Subsequent to the tackle, Nava got up and “wobbled” to the sideline. He then collapsed. He was rushed to a local hospital. Emergency surgery was able to stop the swelling, bleeding, and pressure on Nava’s brain. As it turns out, Nava’s helmet was equipped with an added safety measure against concussions. His helmet was equipped with sensors that would alert coaches to hits that could cause bring injury. Nevertheless, it was found that Nava’s helmet did not work properly.
Defective products, such as defective football helmets, can cause significant, life-threatening, injuries. If you or a loved one are injured by a defective product, it is imperative that you hire an experienced products liability attorney. The Law Office of Patrick G. Shea, APC currently represents former football players, including former NFL players. Our attorneys continue to investigate the long-term effects of concussions and injuries suffered by football players. We have been sought out for this because we are one of southern California’s leading workers’ compensation and personal injury law firms. Our San Diego personal injury legal team has relationships with leading doctors and medical investigators and we have a history of success winning millions of dollars for our injured clients.
California’s Negligence and Products Liability Laws
Lawsuits involving poorly designed helmets can be brought on grounds of negligence or products liability. When a plaintiff brings a lawsuit on negligence grounds, he or she must establish the following elements by a preponderance of the evidence:
● That the defendant owed plaintiff a duty of care (such as by creating a safe helmet);
● That the defendant breached said duty of care (such as by designing an unsafe helmet and not warning consumers of its dangers);
● That the defendant’s breach caused plaintiff’s injury;
● That the defendant’s breach was the proximate (or foreseeable) cause of plaintiff’s injury; and
● That the plaintiff sustained actual damages such as pain and suffering, medical expenses and lost wages.
In lieu of filing a negligence lawsuit, an injured plaintiff may file a products liability lawsuit against the manufacturer, seller, or retailer. Per California law, a plaintiff in a products liability lawsuit must prove the following elements:
● That the product involved was unreasonably hazardous;
● That the plaintiff was injured; and
● That the product’s defect caused the plaintiff’s injury.
If a defective product injures you, it is important that you save photos of the defect and of the injury. You should also safe keep all medical record and bills.
In addition, California is among the states that recognize strict liability for products liability cases. In brief, this means that the plaintiff does not have to establish that the manufacturer (or seller/retailer) was negligent. Instead, the plaintiff is required to show that his or her injury was caused by the product’s defect.
Lastly, please be advised that California has a short statute of limitations period with products liability cases. If you seek to file a products liability lawsuit with California courts, you must do so within one year of your injury. If you do not file your lawsuit within this time, you are most likely barred from a later filing. Thus, this rule should be strictly adhered to.
Take Action and Hire an Attorney for Your Case
If you or a loved one sustained an injury because of a product’s defect, it is imperative that you hire an experienced products liability attorney to best protect your interests. You may be entitled to substantial compensation. The products liability team at the Law Office of Patrick G. Shea APC are here for you. Our lawyers have been representing injured people throughout San Diego and Southern California since 1999 and have recovered compensation for our clients in excess of $50 million. Reach out to us for a FREE consultation. If your case demands legal action, we will aggressively advocate on your behalf and you will owe us nothing unless we win.
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