Maison Law represents victims of sports equipment injuries in California. If you or a loved one has sustained an injury due to defective or malfunctioning sports equipment, the personal injury attorneys at Maison Law can help you recover the compensation you need. Contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer for a Sports Equipment Injury in California?
In California, you have the right to sue for sports-related injuries if the sports equipment directly caused you harm. If you suspect your injury resulted from defective sports equipment, it’s best to speak with a product liability lawyer to understand your legal right to medical treatment and compensation. A lawyer can sue for the following damages on your behalf:
- Hospital bills
- Current and future medical treatment
- Lost income
- Future lost earnings
- Physical therapy
- Surgery (if necessary)
- Pain and suffering
- Loss of enjoyment of life
To be awarded damages in a product liability claim, an attorney must file a lawsuit against the liable parties. The potential liable parties for a sports equipment injury include:
- The sports equipment manufacturer
- The distributor
- The retailer
- The designer
Filing a Product Liability Claim
Serious injuries can occur when sports equipment unexpectedly breaks or malfunctions while being used for its intended purpose. For example, an elliptical machine at a gym could be incorrectly calibrated and tip over onto a person, resulting in broken bones or a head injury. While some may believe the gym would be responsible in this case, the issue of carelessness may lie with the company that made the gym equipment, or the person who sold a defective machine.
California recognizes strict product liability claims for products, such as sports equipment, that are alleged to be:
- Sold with a manufacturing defect
- Defective in design
- Defective due to inadequate warnings or instructions
According to the California Supreme Court, any person whose injuries were reasonably foreseen may bring a product liability claim against a manufacturer or distributor. This is applicable in the case of Elmore v. Am Motors Corp (1969), which essentially states that a distributor is directly liable to anyone who is injured by their defective product because they’re responsible for making the product available to the general public. No direct relationship needs to exist between the liable and injured parties, so a plaintiff does not need to be the actual purchaser of the defective product to file a personal injury lawsuit.
Warning Labels Are Required to Prevent Sports Equipment Injuries in California
When it comes to warning labels on sports equipment, California requires the following:
- Warning labels are visible: warnings on dangerous products need to be visible and clearly marked on the packaging.
- Warnings are clearly worded: warnings on products need to be clearly written so consumers understand the dangers posed by the product and what harm may come of it.
- Warnings prevent potential harm: warning labels should inform consumers of potential harm and suggest steps to prevent harm. An example of this would be a product containing harmful chemicals. A warning label may address the dangerous chemicals and instruct users to not inhale them or allow them to touch their skin.
An example of improper warning labels on sports equipment, leading to injuries would be a case involving collapsable jumping hurdles. In this case, a person was jumping collapsible hurdles at the gym. The collapsible function is intended to prevent the jumper from being hurt if they do not clear the hurdle. However, in this scenario, a jumper failed to clear the hurdle and took a nasty fall because the hurdle did not collapse as intended. This caused the jumper to fall awkwardly and seriously injure themselves.
In this case, there were no warning labels against potential harm or instructions on addressing a non-collapsing hurdle. A lawsuit was filed and settled for a substantial sum on behalf of the jumper. New warning labels were also created for this product to prevent other victims from injuring themselves in a similar fashion.
What is the Typical Compensation for a Sports Equipment Accident in California?
As we’ve shown in the example above, defective sports equipment can result in devastating injuries, causing traumatic physical, emotional, and financial hardships for many people. So, a common question most injured sports equipment victims ask is, “How much is my case worth?” When it comes to sports equipment injuries it is difficult to give a specific amount as the value of these cases will ultimately be dependent upon the specific damages that resulted from the accident. A product liability attorney can calculate the value of your damages based on the following items:
- Emergency room treatment
- Hospital bills
- Medications and medical equipment
- Ongoing treatment for current and future medical needs
- In-home care
- Lost income
- Loss of consortium
- Emotional pain
- Pain and suffering
- Loss of enjoyment of life
These damages are a combination of economic damages and non-economic damages. The total of these damages will be a solid indicator of what your compensation will likely be.
Contact A Defective Sports Equipment Lawyer in California
Victims injured by defective sports equipment have legal options and the right to seek compensation for their damages. At Maison Law, our team of product liability attorneys has experience using multiple legal avenues to hold manufacturers, retailers, distributors, and other responsible parties liable for your damages. Contact Maison Law today for a free consultation and case evaluation. There are no upfront fees for our legal services and you will not be charged a cent until your case is won.
