3 FAQs About Product Liability Claims Involving Defective Sports Equipment

November 21, 2019

by ogkdev

personal injury lawyer

Product Liability Claims Involving Defective Sports Equipment

Nearly every sport has the potential to cause serious injury. Athletes can reduce their risk by respecting their own limits, investing in the right equipment, and wearing adequate safety gear. But what if the equipment you’re using happens to be defective? Regardless of whether you’re a weekend warrior or professional competitor, using gear that doesn’t function as it should could have devastating consequences.

If you sustained serious injuries while playing a sport and defective equipment is to blame, you may have grounds for a product liability claim. Unfortunately, equipment manufacturers and their insurance companies have the resources to challenge any claim that comes their way. You can expect resistance at every turn, so it is important that you enlist the help of a seasoned product liability lawyer and personal injury attorney.

During the initial consultation, your personal injury attorney can answer any questions you have about the proceedings. Below we’ve provided the answers to some of the most frequently asked questions about these cases:

1. Who Could Be Liable for Injuries Caused by Defective Sports Equipment?

In the state of Florida, product manufacturers can be held strictly liable for any damages that their goods cause when used as directed. There are some scenarios, though, in which other parties may shoulder some or all of the responsibility for injuries caused by defective sports equipment. These parties include:

  • The engineering firm that created the original blueprints for the product;
  • The advertising agency that marketed the product;
  • The design firm that produced the packaging and labels;
  • The distributor; and/or
  • The retailer.

2. Can I File a Claim Even If the Equipment in Question Was Recalled Prior to the Accident?

From helmets to cleats, nearly every kind of sports equipment has been recalled at some point. As such, it is important that coaches, parents, and athletes take the time to research gear carefully before actually purchasing it. That said, it is unreasonable to assume that consumers will know about recalls immediately, and sometimes manufacturers fail to properly notify consumers about newly discovered defects. For this reason, you might be able to bring a product liability claim to your personal injury lawyer even if the item that caused your injury has been recalled.

3. What Kinds of Damages Can I Pursue by Filing a Product Liability Claim?

If you or your child was hurt because of defective sports equipment, the at-fault party may be liable for economic and non-economic damages including:

  • Medical expenses;
  • Lost income, benefits, and future earning capacity;
  • Home care;
  • Home and/or vehicle modifications necessary for accommodating new disabilities;
  • Loss of enjoyment of life;
  • Emotional distress; and
  • Pain and suffering.

Call 722-266-5555 for a Free Consultation with a Florida Product Liability Attorney

If you were seriously hurt because of defective sports equipment, contact personal injury attorney Donaldson & Weston. We require no money upfront, nor do we charge a retainer for our legal services. Call our personal injury attorney today at 722-266-5555 or use our Online Contact Form to set up a free case evaluation with a product liability lawyer in Florida.