What to Know About Defective Sports Equipment
When defective sports equipment causes injuries, it can be a frustrating and scary experience. Sports enthusiasts work hard to stay fit and healthy, placing their trust in the equipment they use to be reliable partners. Unfortunately, defective sporting goods equipment is now a common problem faced by many people.
Typically, sporting equipment is designed to withstand rigorous wear and tear, it should last a long time. However, due to various issues that arise in the manufacturing process, sometimes companies release products that are of subpar quality. When athletes expect a certain level of protection and the product fails to deliver, you could have a case against the manufacturer for defective products. If you have been injured because of a defective piece of sporting goods equipment, then you should contact a product liability attorney as soon as possible.
Common Types of Defective Sports Equipment
There is a vast amount of sports equipment available on the market for a wide range of activities. However, only a fraction of the items can lead to serious injury if it is manufactured with defects. The most common types of defective sports equipment that lead to the most serious injuries are discussed below.
Defective Winter Sports Gear
When it comes to defective winter sports gear, there are a number of different items that you should be on the lookout for possible defects. Some of these items include defective skis, defective snowboards, and defective helmets. Be sure to look online for recall notices, read reviews, and do your research to ensure the product you are purchasing is not subject to possible defects.
Defective Water Sports Gear
The most common complaint associated with defective oxygen tanks comes from individuals who have used this type of water sports gear and noticed that it was not holding or disseminating oxygen properly. Problems with oxygen regulation can lead to a variety of medical problems including brain damage and/or respiratory failure. Another common item that is prone to defects is water skis and wakeboards. Be sure to thoroughly examine all water sports gear before use to help avoid disaster.
Defective Helmets and Padding
Defective helmets and joint pads can lead to significant injuries as these products are heavily relied upon by athletes in many different types of sports. If an athlete is wearing a defective helmet, it could lead to serious injuries such as Traumatic Brain Injury (TBI), neck injuries, and possibly even death. Defective joint pads can lead to serious injuries to the elbows, knees, and wrists that require surgery or lead to life-long disabilities.
Defective Paint Ball Guns and Gear
Defective paintball guns and gear are one of the most common causes of paintball-related accidents. As much fun as paintball can be, there are serious risks that come with it. One of the most dangerous things a paintball player can do is fail to check for faulty equipment. Some of the most common injuries include eye injuries and head trauma from defective masks, broken bones, and ligament injuries.
Defective Gym Equipment
There is a wide variety of both commercial and home gym equipment that can lead to serious injuries. This is especially true if the equipment has large moving mechanisms or heavy components. Some of the most common injuries from defective gym equipment include torn ligaments, bone fractures, concussions and TBI, and neck or spinal injuries.
How Can I File a Lawsuit for a Defective Product?
If you have suffered an injury caused by defective products, there is a way to file a lawsuit against the manufacturer. In fact, many lawsuits are filed on behalf of individuals who have fallen ill or have had accidents caused by defective products. One of the first steps in filing a lawsuit involves finding out if you have a defective product liability case. Examples of defective manufacturing complaints include: Failing to place properly installed elements or safety precautions in potentially dangerous equipment or products. Also failing to follow proper warning signs or instructions for use.
A defective product liability claim can also be brought against a company for using a defective design. If you feel that a product you purchased was unsafe because of its design, or that it was designed in a defective manner, this can be grounds for a product liability lawsuit. You will need to provide proof that the product you are suing for is defective. Proof of liability, in this case, is crucial, because in most cases the manufacturer will be found liable regardless of whether they were negligent or not.
In most instances, defective product lawsuits require that you prove more than just negligence. For instance, it is important to show that the product in question either: Caused your accident, or that the injury you sustained is likely to occur if the product was used. Another requirement is that you must show that you have suffered actual or potential harm from the product. All of these requirements add depth to your case and can make it difficult for people to pursue a defective product lawsuit on their own.
What is the Difference Between Negligence and Breach of Warranty for Defective Products?
It is also extremely important for you to act fast when you think you have a case against a manufacturer. There are two things that hold manufacturers liable for injuries or illnesses caused by their products: negligence and breach of warranty. For a manufacturer to be found negligent, it is essential that they knew the product was defective, or that they were reckless in their statements about the safety of the product. In the case of a breach of warranty, it is important for you to show that the manufacturer failed to provide the item with adequate warnings or when the product doesn’t work as it reasonably should have.
What are the Different Types of Defects?
The first classification of a defect is the manufacturing defect. This will include any mistakes or failures in the production process of a product. This includes anything that causes the product to malfunction, for example, improper pouring of liquid into a bottle, and any errors in the way the product comes out the other end. You might also include any accidents during production. These can include anything from poor manufacturing standards to just bad luck.
The next type of defect that we will talk about is the design defect. This is a very interesting classification, as it is more difficult to prove than the manufacturing defect. This is because the design is always an integral part of the product. If there is a manufacturing defect, you can simply show that there was a design error – but with a design defect, proving this will require intensive proofs and evidence.
Should I Hire a Defective Sports Equipment Lawyer in Florida?
If you feel you have a case against a company, it is essential that you get representation from a qualified attorney. Depending on the circumstances of your case, it would be nearly impossible for you to prove product defects without the help of an experienced product liability attorney.
The law firm of Darrigo & Diaz has experienced defective sports equipment lawyers that specialize in this type of law. We can provide a free consultation where we will discuss your case in confidence. For a free, no-obligation consultation regarding your case, contact us 24/7 by calling (813) 774-3341 to discuss your legal options right over the phone.