Product Liability Law Blog

The death of freestyle skier Sarah Burke after sustaining a traumatic brain injury during a training accident is once again raising questions about the dangers that can arise when someone is moving swiftly through snow or ice and is involved in an accident. Granted, while freestyle skiing tends is a lot more high-risk than other sports, there are dangers involved in regular skiing, ice hockey, speed skating, sledding, snowboarding, and tobogganing. The question is, how much does protective gear and clothing actually protect people from catastrophic injuries?

Discovery.com reports that some studies show that while boots, helmets, bindings, and other safety gear do decrease the risk of serious injuries, these products have their limits. There are even products, such as the wrist guards used by snowboarders, that don't offer any actual benefits. A person that is wearing them may even be worse off in certain accidents.

Also, despite the fact that manufacturers are continuing to develop new protective gear, the rate of snow sport deaths hasn't declined in 40 years. Granted, skiiers that don't use helmets are more likely to die from a head injury, but there are also helmet users that are dying from trauma sustained by the body as a result of high-speed impact during a fall or from colliding into a tree. Also, a helmet doesn't provide protection from spinal cord injuries.

In a study published in the Journal of Neurosurgery: Pediatrics last week, simulated tobogganing crash tests done on helmets to test for side and front impacts at varying meters/second found that bicycle helmets offered the most protection at the highest velocity. Ice hockey helmets were best able to offer protection at lower velocities. Alpine helmets provided the worst protection of all three helmet types during both high and low impacts. However, at over impacts of 4 meters/second, all helmets exhibited damage to the inner liner and cracks.

It is important that all safety equipment warn of any risks involved when using a product. Manufacturers must also make sure not to market safety gear to make it appear as if it provides more protection than what is actually does. Safety equipment and clothing should also be free of defects that could cause it to malfunction and/or not provide the protection it is supposed to give the wearer.

Our products liability lawyers represent both children and clients that have sustained traumatic brain injuries in incidents involving defective products and other catastrophic accidents. Contact The Gilbert Law Group today to schedule your free case evaluation.

Helmets vary in offering protection for winter sports and play, Los Angeles Times, January 20, 2012

Sarah Burke, Freestyle Skier, Dies From Injuries in Training, New York Times, January 19, 2012

Sarah Burke's Death: Can Gear Keep Up with Skiers?, DiscoveryNews, January 13, 2012

Journal of Neurosurgery: Pediatrics

More Blog Posts:
Head Injury Risk Prompts Triple Eight Distribution to Recall 30,400 Bicycle Helmets for Kids, Product Liability Law Blog, January 6, 2012

Do Toning Shoes Cause Foot Injuries?, Product Liability Law Blog, June 8, 2011

Defective Clothing Can Cause Serious Injuries, Product Liability Law Blog, June 19, 2008

Continue reading "Will Your Helmet Prevent a Traumatic Brain Injury During a Winter Accident?" »

Did you know that toning shoes actually may not provide additional fitness benefits and could even cause a wearer injuries? If you believe that you got hurt because you were wearing toning shoes, you should contact our products liability lawyers right away.

According to SportsOneSource, buyers spent over $1 billion on these shoes last year, which its manufacturers claim provide a better walking experience while helping tone the thigh, calf, and buttock muscles. However, the use of toning shoes has also resulted in reports of injuries.

Consumer Reports says that in its analysis of the Consumer Product Safety Commission database SaferProducts.gov, as of May 22, 2011, 36 people reported toning shoe injuries—more than for any other product in the database, which was just started in May. While most of the toning shoe-reported injuries were minor (foot, hip, or leg pain, and tendonitis), 15 of the injuries were broken bones. Some of the injuries required surgery.

The American magazine's medical experts say that although toning shoes do force wearers to exercise muscles normally not used when walking, their "rocker-style" bottoms that are designed to create instability can also lead to fall accidents, turned ankles, and other injuries. Also, the American Council on Exercise, which conducted its own testing last year, found that there is no evidence to support claims that toning shoes actually help burn calories or strengthen and tone the muscles. The council also wondered whether wearing toning shoes for too long could alter user's walking gait mechanics.

Elderly seniors experiencing balance problems are most likely to get hurt from toning shoes. However, seeing as 46 is the average age of those who submitted reports to Saferproducts.gov, younger people are not necessarily immune to toning shoe injuries.

Skechers, Avia, Danskin Now, and New Balance are some of the brands that sell toning shoes. American Apparel and Footwear Association Executive Vice President Steve Lamar has said that the shoes are exercise products and that wearers should follow the instructions on how to use them correctly. That said, if the directions provided are inadequate, there is no accompanying warning of injuries and risks, or the shoes have a design defect, the shoes manufactures could be held liable for products liability if someone were to get hurt.

Are toning shoes unsafe? Reports of injuries raise concern, Consumer Reports, May 25, 2011

Toning shoes: toning unclear, injury risk real, ABC Local, May 25, 2011

A revolutionary sneaker, or overhyped gimmick?, USA Today, June 30, 2010

Related Web Resources:
American Council on Exercise

Safer Products, CPSC

SportsOneSource

More Blog Posts:
Crocs Sued Again for Products Liability After 4-Year-Old Nearly Loses Toe in Escalator Accident, Product Liability Law Blog, April 6, 2009

Defective Clothing Can Cause Serious Injuries, Product Liability Law Blog, June 19, 2008

Retailers Pay $320,000 Fine For Selling Defective Children's Clothing With Drawstrings, Product Liability Law Blog, May 13, 2008

Continue reading "Do Toning Shoes Cause Foot Injuries?" »