A Denver man is suing Specialized Bicycle Components for $10 million after the helmet he was wearing when he crashed his bicycle was allegedly defective. According to his civil complaint, Victor Moreno, age 50, claims that the size XXL Specialized Max helmet model he was wearing during his accident was defective.
The accident occurred on his bicycle when he "overcooked" a corner while cycling in June of 2017. According to Moreno, he fell and slid on the side of the road. As a result of the accident, he suffered a skull fracture, scalp laceration, and permanent brain injuries.
According to the lawsuit, the helmet was sold with the promise that it met certain safety standards under the law, as well as Specialized's "more rigid criteria." The complaint also alleges that the helmet "was not designed and manufactured such that it could comply with the requirements of its certifications and testing."
More specifically, the complaint alleges that Specialized elected not to use MIPS technology on the model and that this resulted in a dangerous hazard to Moreno's health.
Defective Product Lawsuits: How They Affect You
Defective product lawsuits are brought based on a simple premise: "this product was broken or improperly designed, and because of that I was injured." While the premise is simple, the process for filing a claim and successfully winning the lawsuit is not. With the help of an experienced Denver personal injury attorney, an injured party can properly make a claim.
Products that are manufactured in a way that makes them dangerous are considered defective products. When they are manufactured in such a way, the company that manufactures them can be held responsible for injuries that occur as a result of the defective manufacturing process. This helps to compensate the victims of defective products. You can receive compensation for:
- past medical bills,
- future medical bills,
- lost wages,
- lost future earning capacity,
- pain and suffering,
- loss of consortium,
- disfigurement, and
- punitive damages (in limited circumstances).
Design defects occur when a product is designed in such a way that makes it inherently dangerous. It may have been built correctly, but the design itself is what helps to lead to injury. This often happens when companies do not properly test equipment, especially safety equipment such as helmets, seat belts, or airbags. When a design defect exists, the company responsible can be held liable.
A manufacturing defect exists when the problem with the product is caused during the manufacturing process. This usually is due to a lack of quality control, using substandard materials, or some other flaw in how the product is made (rather than how it was designed). In these cases, the product may be perfectly designed but improperly made. A manufacturer that allows defective products into the marketplace can be held responsible for the harm those products cause.
Consult an Experienced Denver Personal Injury Attorney
As the injured victim, you deserve compensation for your injuries. Contact the experienced personal injuries at accidentdenver.com to fight for your rights and get the financial compensation you deserve.