PRODUCT LIABILITY CASES AGAINST HELMETS Or, why helmets increase the danger! by Tony Pan Sanfelipo (December 1996)

Do Helmets Hurt?

Compilation of sampling of helmet liability cases suggests helmets not the safety product many would have you believe

     Most studies brought to the public's attention praise the safety benefits of motorcycle helmets. A few studies have been conducted over time which have questioned the ability of helmets to prevent injury at speeds above 15-20 mph. Other concerns had to do with compromising the cervical spine, while affording protection for the head. These studies include the work of Dr. Goldstein, whose paper can be found on several web sites, linked to "Helmet Hoax" section of the Helmet Law Defense League pages.

     Other works include CDR E.J. Colangelo, MC, USN,

The Cervicocranium and the Aviator's Protective Helmet,
and J.B Sevart and R. Lewis Hall,

The Foreseeability of Helmet Induced Neck Injuries.

Dr. Randy Cooter found helmets to be possible killers in his report about the chin straps acting like a hangman's noose, in an article printed for the Australian Post, December 2, 1989. And K. Peter G. Krantz produced a study of motorcycle fatalities in Sweden, which was published in the British Journal of Accident Surgery, 1985. Why then are these studies seemingly ignored? They were done over the years by people with outstanding credentials. But, they were contrary to popular belief and questioned the integrity and findings of some highly financed studies by other doctors.

Then we have the legal scene. Joseph W. Moch, and Teresa M. Hendricks wrote an interesting piece entitled

Hazardous Headgear.

     They published it in the Trial Lawyer, July, 1992. This article also questions the safety of helmets, with regard to the cervical spine, and the inadequate testing and lack of proper fit of most helmets in use.

     Still, many refuse to recognize or acknowledge that helmets do hurt people, and in some instances, have even caused the accident. When we look to the courts for information, we find thousands of helmet liability cases on record. Usually, less than one per cent of injury cases ever go to court. So there is a possibility that thousands of other cases have settled which we will never know about. Also, a certain number of injured parties probably never knew they even had a claim. So in reality, there is no way of knowing how many people are actually injured by helmets each year. But with the sampling of cases which went to court and were published, we can be relatively secure in thinking there are thousands of people who were injured, injured seriously or even killed by helmets.

     Let's look at a sampling of published court cases involving product liability against helmet manufacturers and retailers.

Walter v. Maxwell City, Inc.453 NE 2d 917 (Ill. App. 1 Dist 1983)

Defendant, Daiei Kogyo; Maxwell City

     Plaintiff suffered serious facial and brain injuries while wearing a 1971 Daiei Kogyo Model TH-12 motorcycle helmet. He brought suit against the retailer of the helmet. Maxwell City; the importer-wholesaler Seaway Importing Wessex and the manufacturer Kaiei Kogyo. Daiei went out of business and was dismissed from the suit. The trial court found for the defendant that a helmet without a face guard could not be expected to protect an area it did not cover. It also stated that failure to comply with upgraded Snell standards did not render the helmet unreasonably dangerous as a matter of law.

Summers v. bell helmets, inc.

U.S. District Court, S.D. Tex., Houston, No. 84-1267, March 20, 1984.

Injury from defective product manufactured by defendant.

Self, et al. v. Fruhling Products, inc.

No. 141-20651-73 (141st Judicial Dist. Ct., Tex., 1975)

     Motorcyclist loses helmet in accident. Failure of safety latch. $100,000 settlement.

Carlson v. American Safety Equipment Corp.

528 F. 2d 384 (1st Cir. 1976)

Allegedly defective design of chin strap caused inner strap to fray and break upon impact. Wrongful death.

Green v. Honda Motor Co., Ltd.

Tex., 234th District Court, Harris County, No. 1,018,125 22 ATLA L. Rep. 35 (Feb., 1979)

Brain damage. Gust of wind went underneath improperly installed windscreen of a Honda causing him to lose control. Plaintiff's head hit pavement causing irreversible brain damage despite safety helmet. $1.5 million settlement contributed equally by Honda, installer of windscreen; Wixom Brothers, designer of windscreen; Bell helmets.

Burgess v. Adams

Civ. No. 48804 (1 Cir. Ct., Hawaii, Octover 14, 1977)

     Bell-Topex motorcycle half helmet. Plaintiff, motorcycle officer, involved in accident with car. Thrown from motorcycle at 45-55 mph. Helmet came off. Plaintiff and wife sued employer, driver and woner of car, and helmet manufacturer. Defective design in that helmet would not stay in place upon impact. Damage to left cerevral hemisphere, partial hemiplegia one kidney, temporary blood pressure disorder, broken clavicle, ribs and right radius. Settlement, $50,000, manufacturer, $25,000.

Sutphin, et al. v. American Sports Co. , Inc. et al.

Ky., madison County Circuit Court, No. 279-77, March 1980.

     Motorcycle passenger's head struck rear portion of oncoming vehicle as driver laid motorcycle down attempting to avoid collision. 22 year old social worker passenger sustained brain damage and remains semi-comatose. Helmet unreasonably dangerous, contributed to passenger's injuries. Jury verdict, $2,500,000.

Cornier v. Bell Helmet Corp.

N.Y., Bronx Supreme Court, No. 16552/77, (Oct. 18, 1982)

     1976 Super Magnum DOT motorcycle helmet manufactured by Bell Helmet Corp. Failed to protect 23 year old plaintiff when she was thrown from motorcycle on which she was a passenger. Helmet had failed DOT impact attenuation tests 9 months prior to accident. Plaintiff suffered permanent brain damage, coma, and must undergo head trauma therapy. $3 million jury verdict. 75 per cent of fault against Bell; 10 per cent against driver of motorcycle; 15 per cent against driver of other vehicle.

Tony Pan Sanfelipo

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