Retailer has no duty to fit or instruct on fitting bicycle helmet

Louisiana Supreme Court set forth how a court decides if there should be a duty or to create a duty.

Carrier v. City of Amite, 2010-0007 (La. 10/19/10); 50 So. 3d 1247; 2010 La. LEXIS 2251

Plaintiff: Herman Carrier, Individually and in His Capacity as the Administrator of the Estate of his Minor Child, Herman Blake Carrier, and his Wife, Wendy Wallace Carrier

Defendant: City of Amite, Bell Sports, Inc., and Sears Roebuck and Co.

Plaintiff Claims: negligence failure to properly fit the helmet and instruct on the use of the helmet

Defendant Defenses: no duty

Holding: For the defendant (retailer) Sears Roebuck and Co.

The plaintiff’s in this case are a mother, father and six-year-old child. The parents went into a Sears store and purchased a bicycle helmet for the child. They did not ask for or receive any assistance in purchasing the helmet.

The boy was riding on the municipal tennis court when he had an accident. The plaintiffs sued the city that owned the tennis court, the helmet manufacturer and Sears Roebuck where they purchased the helmet.

Sears filed a motion for summary judgment arguing they had no duty to fit or instruct on the use of the helmet. The trial court granted the motion. The Appellate court reversed finding the trial court committed error in dismissing the case. Sears filed this appeal to the Louisiana Supreme Court.

Summary of the case

In this case, it was the responsibility of the plaintiff to prove negligence. The first step in that would be to prove that the defendant owed the plaintiff a duty to provide a point of sale fitting instruction for bicycle helmets.

In the instant case, plaintiffs do not identify any Louisiana statutory or jurisprudential authority which establishes a specific duty on the part of a retailer to fit bicycle helmets at the point of sale.” The only thing the plaintiff could point to was the opinion of its expert that the defendant owed a duty. However the expert could not point to any authorities, research or other retailers that supported his statement. “Courts have held that experts may not rely on their own conclusions as authority in the absence of any objective support.”

The court stated the considerations that need to be covered before a duty can be created.

…it is necessary for the court to determine whether the rule is intended to protect him from the particular harm alleged, an inquiry which involves both the duty and causation elements of the negligence formulation. The court must make a policy determination in light of the unique facts of the case. Thus, the duty-risk analysis requires the court to take into account the conduct of each party as well as the particular circumstances of the case. In determining whether to impose a duty in a particular situation, the court may consider various moral, social, and economic factors, including whether the imposition of a duty would result in an unmanageable flow of litigation; the ease of association between the plaintiff’s harm and the defendant’s conduct; the economic impact on society as well as the economic impact on similarly situated parties; the nature of the defendant’s activity; moral considerations, particularly victim fault; and precedent as well as the direction in which society and its institutions are evolving.

Applying the above requirements to this case, the court found no reason to create a duty upon the part of a retailer to provide a point of sale fitting instructions for bicycle helmets. “Under these circumstances, we find the responsibility to determine whether the helmet was properly fitted should rest with plaintiffs, not Sears.”

So Now What?

There are two important things that come from this decision. The first is no duty exists unless your industry, your community, or you create one. Unless you advertise you are going to do something, market yourself or write your requirements down, it is difficult for the plaintiff to prove you owe them anything, a duty or money.

The second is the list of requirements the court set forth to determine if a duty has been created. It is not as easy to review as a list; however, it provides some factors that you can review to make sure you are not creating liability that does not exist.

·        Make sure you know the issues you must do when dealing with your business, program or job.

·        Don’t create liability if you don’t have too.

What do you think? Leave a comment.

If you like this let your friends know or post it on FaceBook, Twitter or LinkedIn

Copyright 2013 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog: www.recreation-law.com

Mobile Site: http://m.recreation-law.com

By Recreation Law       Rec-law@recreation-law.com              James H. Moss               #Authorrank

<rel=”author” link=” https://plus.google.com/u/0/b/112453188060350225356/” />

#RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #Ski.Law, #Outside.Law, #Recreation.Law, #Recreation-Law.com, #Outdoor Law, #Recreation Law, #Outdoor Recreation Law, #Adventure Travel Law, #law, #Travel Law, #Jim Moss, #James H. Moss, #Attorney at Law, #Tourism, #Adventure Tourism, #Rec-Law, #Rec-Law Blog, #Recreation Law, #Recreation Law Blog, #Risk Management, #Human Powered, #Human Powered Recreation,# Cycling Law, #Bicycling Law, #Fitness Law, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #Ice Climbing, #Rock Climbing, #Ropes Course, #Challenge Course, #Summer Camp, #Camps, #Youth Camps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, sport and recreation laws, ski law, cycling law, Colorado law, law for recreation and sport managers, bicycling and the law, cycling and the law, ski helmet law, skiers code, skiing accidents, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, Recreational Lawyer, Fitness Lawyer, Rec Lawyer, Challenge Course Lawyer, Ropes Course Lawyer, Zip Line Lawyer, Rock Climbing Lawyer, Adventure Travel Lawyer, Outside Lawyer, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, #RecreationalLawyer, #FitnessLawyer, #RecLawyer, #ChallengeCourseLawyer, #RopesCourseLawyer, #ZipLineLawyer, #RockClimbingLawyer, #AdventureTravelLawyer, #OutsideLawyer, Bicycle, Cycling, Bicycle Helmet, Cycling Helmet, Helmet, City of Amite, Bell Sports, Inc., Sears Roebuck and Co., Duty,

WordPress Tags: Retailer,bicycle,helmet,Louisiana,Supreme,Court,Carrier,Amite,LEXIS,Plaintiff,Herman,Administrator,Estate,Minor,Child,Blake,Wife,Wendy,Wallace,Defendant,Bell,Sports,Sears,Roebuck,Claims,negligence,failure,Defenses,parents,assistance,accident,plaintiffs,manufacturer,judgment,Appellate,error,Summary,sale,instruction,helmets,opinion,retailers,statement,Courts,experts,conclusions,absence,causation,formulation,policy,determination,Thus,analysis,account,situation,factors,imposition,litigation,association,impact,victim,precedent,direction,institutions,requirements,instructions,Under,decision,industry,money,Make,Leave,FaceBook,Twitter,LinkedIn,Recreation,Edit,Email,Google,RecreationLaw,Page,Outdoor,Adventure,Travel,Blog,Mobile,Site,James,Moss,Authorrank,author,Outside,Attorney,Tourism,Risk,Management,Human,Rock,Ropes,Course,Challenge,Summer,Camp,Camps,Youth,Areas,SkiLaw,OutdoorLaw,OutdoorRecreationLaw,AdventureTravelLaw,TravelLaw,JimMoss,JamesHMoss,AttorneyatLaw,AdventureTourism,RecLaw,RecLawBlog,RecreationLawBlog,RiskManagement,HumanPoweredRecreation,CyclingLaw,BicyclingLaw,FitnessLaw,RopesCourse,ChallengeCourse,SummerCamp,YouthCamps,Colorado,managers,accidents,Lawyer,Paddlesports,Recreational,Line,RecreationalLawyer,FitnessLawyer,RecLawyer,ChallengeCourseLawyer,RopesCourseLawyer,ZipLineLawyer,RockClimbingLawyer,AdventureTravelLawyer,OutsideLawyer,tennis,whether


Carrier v. City of Amite, 2010-0007 (La. 10/19/10); 50 So. 3d 1247; 2010 La. LEXIS 2251

Carrier v. City of Amite, 2010-0007 (La. 10/19/10); 50 So. 3d 1247; 2010 La. LEXIS 2251

Herman Carrier, Individually and in His Capacity as the Administrator of the Estate of his Minor Child, Herman Blake Carrier, and his Wife, Wendy Wallace Carrier versus City of Amite, Bell Sports, Inc., and Sears Roebuck and Co.

No. 2010-CC-0007

SUPREME COURT OF LOUISIANA

2010-0007 (La. 10/19/10); 50 So. 3d 1247; 2010 La. LEXIS 2251

October 19, 2010, Decided

SUBSEQUENT HISTORY: Rehearing denied by Carrier v. City of Amite, 2010 La. LEXIS 3053 (La., Dec. 10, 2010)

PRIOR HISTORY: [**1]

ON WRIT OF CERTIORARI FROM THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF TANGIPAHOA.

Carrier v. City of Amite, 6 So. 3d 893, 2009 La. App. LEXIS 215 (La.App. 1 Cir., 2009)

DISPOSITION: REVERSED AND RENDERED.

COUNSEL: Stephen Dale Cronin, GUGLIELMO, MARKS, SCHUTTE, TERHOEVE & LOVE; John David Ziober, KENNON, ODOM & DARDENNE, APC, For Applicant.

Arthur W. Landry, Jeanne Andry Landry, ARTHUR W. LANDRY AND JEANNE ANDRY LANDRY, ATTORNEYS; Christopher M. Moody; John Ernest William Baay, II, Ernest Paul Gieger, Jr., GIEGER, LABORDE & LAPEROUSE, LLC; Thomas Reginald Hightower, Jr., THOMAS R. HIGHTOWER, JR., APLC, For Respondent.

OPINION

[*1247] PER CURIAM *

* Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.

We granted certiorari in this case to determine whether this retail seller has a duty to instruct buyers on the proper method of wearing and fitting bicycle helmets. For the reasons that follow, we conclude plaintiffs failed to establish any legal duty on the part of the retailer under the facts presented.

UNDERLYING FACTS AND PROCEDURAL HISTORY

This case arises from an incident in which six-year-old Blake Carrier was injured while riding his bicycle on a municipal tennis court on May 29, 2002. At the time of the accident, Blake was wearing a bicycle helmet his parents allegedly purchased from Sears, Roebuck and Co. (“Sears”) in December 2001.

[Pg 2] Subsequently, Blake’s parents filed the instant suit against several defendants, including Sears. 1 Plaintiffs alleged Sears [*1248] failed to properly fit the helmet and instruct them regarding its correct use.

1 Also named as defendants were Bell Sports, Inc. (the manufacturer of the helmet), and the City of Amite (the owner [**2] of the tennis court). These defendants are not at issue for purposes of this opinion.

During discovery, plaintiffs produced an expert in the area of bicycle safety, James Green. In his deposition, Mr. Green stated he advised his clients to instruct their buyers on the proper use and fit of bicycle helmets. However, Mr. Green admitted he knew of no rules or laws requiring retailers to fit and instruct buyers of bicycle helmets. Mr. Green also explained his clients did not include Sears.

Sears filed both a motion in limine and a motion for summary judgment. In support of the motion in limine, Sears argued Mr. Green had no basis for his conclusion that retailers had a duty to fit and instruct buyers on the proper way to wear a bicycle helmet. In support of the motion for summary judgment, Sears argued retailers had no duty to buyers to fit and instruct on the proper use of bicycle helmets.

The district court granted Sears’ motion in limine to exclude Mr. Green’s testimony, and further granted Sears’ motion for summary judgment to dismiss all claims against Sears.

Plaintiffs appealed. On appeal, the court of appeal reversed, finding the district court erred in deciding the duty issue without [**3] first determining that the expert’s testimony was inadmissible under the factors identified in Daubert v. [Pg 3] Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed. 2d 469 (1993), and State v. Foret, 628 So. 2d 1116 (La. 1993). Accordingly, the court of appeal reversed the judgment granting the motion for summary judgment, and remanded the case to the district court for further proceedings. Carrier v. City of Amite, 08-1092 (La. App. 1 Cir. 2/13/09), 6 So. 3d 893, writ denied, 09-919 (La. 6/5/09), 9 So. 3d 874.

[Pg 4] On remand, Sears re-urged both the motion in limine and the motion for summary judgment. 2 After a hearing, the district court denied Sears’ motions.

2 On remand, Sears filed a pleading captioned “Motion for Hearing on Summary Judgment and Motion in Limine for Purposes of Issuance of Oral Reasons for Judgment, or Alternatively, Motion Requesting Written Reasons for Judgment.” Plaintiffs assert this motion was procedurally improper, because nothing in the court of appeal’s opinion indicated the case was being remanded for entry of reasons. However, the record reveals Sears filed its original motion for summary judgment and motion in limine, as well as [**4] supporting exhibits, into the record at the hearing. Thus, despite the caption of the motion, we believe Sears expanded its pleadings to reurge its motion for summary judgment and motion in limine. See La. Code Civ. P. art. 1154.

Sears sought supervisory review of this ruling. The court of appeal denied the writ, with one judge dissenting.

Upon Sears’ application, we granted certiorari to consider the correctness of the district court’s decision. Carrier v. City of Amite, 10-0007 (La. 3/12/10), 29 So. 3d 1241.

DISCUSSION

The central question presented in this case is whether plaintiffs established a legal duty on the part of a retailer, such as Sears, to provide point-of-sale fitting instructions for bicycle helmets. In Lemann v. Essen Lane Daiquiris, Inc., 05-1095 at p. 8 (La. 3/10/06), 923 So. 2d 627, 633, we discussed the principles for determining the existence of a legal duty:

[HN1] A threshold issue in any negligence action is whether the defendant owed the plaintiff a duty. Meany v. Meany, 94-0251, p. 6 (La. 7/5/94), 639 So.2d 229, 233. Whether a duty is owed is a question of law. Peterson v. Gibraltar Savings and Loan, 98-1601, 98-1609, p. 7 (La. 5/18/99), 733 So. 2d 1198, 1204; Mundy v. Department of Health and Human Resources, 620 So.2d 811, 813 (La. 1993); [**5] [*1249] Faucheaux v. Terrebonne Consolidated Government, 615 So.2d 289, 292 (La. 1993). In [Pg 5] deciding whether to impose a duty in a particular case, the court must make a policy decision in light of the unique facts and circumstances presented. See Socorro v. City of New Orleans, 579 So.2d 931, 938 (La. 1991). The inquiry is whether the plaintiff has any law (statutory, jurisprudential, or arising from general principles of fault) to support the claim that the defendant owed him a duty. Faucheaux, 615 So. 2d at 292; Perkins, 98-2081 at 22, 756 So. 2d at 404.

In the instant case, plaintiffs do not identify any Louisiana statutory or jurisprudential authority which establishes a specific duty on the part of a retailer to fit bicycle helmets at the point of sale. Rather, plaintiffs seek to establish the existence of industry standards, including best practices, which they claim are relevant to determine whether a general duty is owed.

At this juncture, the parties dedicate a large part of their briefs to discussing whether the district court properly qualified Mr. Green as an expert on the subject of point-of-sale assistance in the sale of bicycle accessories. However, we find we need not [**6] resolve the question of Mr. Green’s qualifications under the unique facts presented, because we find that Mr. Green’s testimony, even if accepted, is insufficient to establish any factual basis for a duty on the part of Sears.

In his deposition, Mr. Green testified as follows:

They came out with a mass market approach to the Wal-Marts, etcetera, the Sears, the Lowe’s, whoever, that wanted to sell bikes, where they just wanted to get bikes and components out there into the commerce stream. They don’t provide point-of-sale service at all. You have, you have two families of retail organizations here. I maintained ever since I saw this developing some years ago that this mass market approach is not a good thing, that if you’re going to be a reputable retailer and I tell my clients that, if you’re going to be a reputable retailer, you must properly instruct at the point-of-sale from everything to how to operate a quick release, to how to fit a helmet, to never ride at night without a light on your bike, that kind of thing. It should be done at the point-of-sale, because bikes aren’t toys, they’re, they’re vehicles. [emphasis added]

[Pg 6] Although Mr. Green testified the fitting of bicycle [**7] helmets “should” be done at the point of sale, he cited no authority for this proposition other than his own opinion. To the contrary, when asked whether any regulations existed requiring a retailer to provide point-of-sale instructions on fitting bicycle helmets, Mr. Green testified, “[n]o, there’s nothing written up as a standard.”

Similarly, in response to Sears’ interrogatories, plaintiffs admitted Mr. Green did not rely on any formal requirements in support of his position:

INTERROGATORY NO. 4

Please identify any and all standards, state or federal regulations, engineering, helmet manufacturer, department store and/or retail association periodicals, documents or guidelines which your expert, James M. Green, relies upon in opining that an industry standard existed in November, 2001 requiring that retailers of bicycle helmets must give point of sale instructions on proper sizing and fitting.

ANSWER TO INTERROGATORY NO. 4:

There is no requirement but perfectly clear instructions provided by BHSI. Most reputable retailers do fit at the [*1250] point of sale. These include REI, Performance Bicycle, Brooklyn Bike Shop, and any bike shop who belong to the Independent Bicycle Retailer Organization [**8] (now known as the National Bicycle Dealers Association (NBDA). There are currently 6000 shops who belong to NBDA who employ helmet fit at point of sale (See attached documentation from NBDA). The NBDA also outlined the differences between a reputable shop and a mass merchant shop on the safety issue. (See attached documentation from NBDA). [emphasis in original]

A review of the documentation attached to plaintiffs’ answer to Interrogatory No. 4 reveals none of these documents set forth an industry standard which would mandate the fitting of bicycle helmets by a retailer at the point of sale. Moreover, Mr. Green admitted he did not know if Sears belonged to any bicycle safety industry group.

[Pg 7] Under these circumstances, we must conclude Mr. Green’s testimony reflects his own personal opinion as to what a retailer should do, and is not based on any objective standards establishing what a retailer is required to do. Courts have held that [HN2] experts may not rely on their own conclusions as authority in the absence of any objective support. See Grdinich v. Bradlees, 187 F.R.D. 77 (S.D.N.Y. 1999) (holding the expert’s testimony was without foundation because “[w]ithout ‘industry standards’ [**9] to rely upon, [the expert] seems to base his conclusions on his own authority”). Thus, Mr. Green’s testimony does not establish the existence of any statutes, regulations, or industry standards which would support the finding of a duty on a retailer to fit bicycle helmets at the point of sale.

Additionally, as a matter of policy, we find no ground for recognizing such a duty based on general principles of tort law. In Meany v. Meany, 94-0251 at p. 6 (La. 7/5/94), 639 So. 2d 229, 233, we discussed the policy considerations to be taken into account in determining whether the law imposes a duty under particular facts:

[HN3] When a plaintiff articulates a general rule or principle of law that protects his interests, it is necessary for the court to determine whether the rule is intended to protect him from the particular harm alleged, an inquiry which involves both the duty and causation elements of the negligence formulation. The court must make a policy determination in light of the unique facts of the case. Thus, the duty-risk analysis requires the court to take into account the conduct of each party as well as the particular circumstances of the case. Socorro v. City of New Orleans, 579 So.2d 931, 938 (La. 1991). [**10] In determining whether to impose a duty in a particular situation, the court may consider various moral, social, and economic factors, including whether the imposition of a duty would result in an unmanageable flow of litigation; the ease of association between the plaintiff’s harm and the defendant’s conduct; the economic impact on society as well as the economic impact on similarly situated parties; the nature of the defendant’s activity; moral considerations, particularly victim [Pg 8] fault; and precedent as well as the direction in which society and its institutions are evolving. Pitre v. Opelousas General Hospital, 530 So.2d 1151, 1161 (La. 1988); William E. Crow, The Anatomy of a Tort, 22 Loy. L. Rev. 903 (1976).

Applying these precepts to the instant case, we believe the policy considerations militate against the finding of any duty on the part of a retailer to provide point-of-sale fitting instructions for bicycle helmets. Under current societal norms, we do not believe it is reasonable to require mass-marketing [*1251] retailers, such as Sears, to offer specialized point-of-sale advice on the thousands of products they sell. Rather, it is typically understood the consumer will ask [**11] for assistance, if it is required. In the instant case, the deposition testimony of Mr. Carrier establishes he never asked for any assistance at the time he purchased the helmet. Moreover, Mr. and Mrs. Carrier testified in their respective depositions that they believed the helmet, which was purchased as a Christmas gift for Blake, fit him properly; indeed, Mrs. Carrier testified it “was the best-fitting helmet [Blake] ever had.” Mrs. Carrier admitted she did not consult the instructions for fitting the helmet, and testified the instructions “probably got thrown away because we’ve had helmets before so we know how to use them.” 3 Under these circumstances, we find the responsibility to determine whether the helmet was properly fitted should rest with plaintiffs, not Sears.

3 Interestingly, Mr. Green opined that the manufacturer’s instruction on use and fit in this case were “the best I’ve ever seen.” Nonetheless, Mr. Green stated he believed point-of-sale assistance on fit was necessary in part, because consumers frequently failed to consider the instructions on fit and use provided by manufacturers. However, Mr. Green conceded that such a duty did not exist in the case of mail-order [**12] purchases. This dichotomy in Mr. Green’s testimony reveals the fallacy in his conclusions. We believe the more consistent approach is to place the duty on the consumer to determine the product he or she purchased is appropriate for its intended use.

In summary, we conclude that under the facts presented, there is no legal duty which would require Sears to provide fitting instructions for bicycle [Pg 9] helmets at the point of sale. In the absence of any legal duty, Sears is entitled to summary judgment as a matter of law.

DECREE

For the reasons assigned, the judgment of the district court is reversed. The motion for summary judgment filed by Sears, Roebuck Co. is granted, and judgment is entered in its favor dismissing the claims of plaintiffs with prejudice.

REVERSED AND RENDERED.

WordPress Tags: Carrier,Amite,LEXIS,Herman,Administrator,Estate,Minor,Child,Blake,Wife,Wendy,Wallace,Bell,Sports,Sears,Roebuck,SUPREME,COURT,LOUISIANA,October,SUBSEQUENT,HISTORY,PRIOR,WRIT,CERTIORARI,FROM,APPEAL,CIRCUIT,PARISH,TANGIPAHOA,DISPOSITION,COUNSEL,Stephen,Dale,Cronin,GUGLIELMO,MARKS,SCHUTTE,TERHOEVE,LOVE,John,David,Ziober,KENNON,ODOM,DARDENNE,Applicant,Arthur,Landry,Jeanne,Andry,ATTORNEYS,Christopher,Moody,Ernest,William,Baay,Paul,Gieger,LABORDE,LAPEROUSE,Thomas,Reginald,Hightower,APLC,Respondent,OPINION,CURIAM,Judge,Philip,Ciaccio,Justice,Chief,Catherine,Kimball,seller,buyers,method,bicycle,helmets,plaintiffs,retailer,FACTS,PROCEDURAL,incident,accident,helmet,parents,December,defendants,Also,manufacturer,owner,purposes,discovery,area,James,clients,laws,retailers,judgment,basis,conclusion,district,testimony,factors,Daubert,Merrell,Pharmaceuticals,State,Foret,proceedings,Motion,Summary,Limine,Issuance,Oral,Reasons,Written,Thus,caption,Code,Upon,decision,DISCUSSION,sale,instructions,Lemann,Essen,Lane,Daiquiris,existence,threshold,negligence,action,defendant,plaintiff,Meany,Whether,Peterson,Gibraltar,Savings,Loan,Mundy,Department,Health,Human,Resources,Faucheaux,Terrebonne,Government,policy,Socorro,Orleans,Perkins,Rather,industry,juncture,assistance,qualifications,Marts,Lowe,bikes,components,commerce,families,bike,vehicles,emphasis,Although,proposition,response,requirements,INTERROGATORY,association,periodicals,guidelines,November,ANSWER,requirement,BHSI,Most,Performance,Brooklyn,Shop,Independent,Organization,National,Dealers,NBDA,documentation,differences,Moreover,Under,Courts,experts,conclusions,absence,Grdinich,Bradlees,foundation,statutes,tort,account,principle,causation,formulation,determination,analysis,situation,imposition,litigation,impact,victim,precedent,direction,institutions,Pitre,Opelousas,General,Hospital,Anatomy,precepts,norms,advice,products,consumer,Christmas,gift,instruction,consumers,manufacturers,dichotomy,fallacy,product,DECREE,tennis,jurisprudential


Helmets: why cycling, skiing, skateboarding helmets don’t work

Thanks to Brad Waldron at Kali Protectives for giving me the visual to explain this.

A helmet needs to absorb energy to work. The more energy a helmet absorbs the more protection a helmet provides. If you look at the inside of your helmet

Bike helmet

what is there to absorb energy?

A helmet does not work by being a hard surface to protect your head from head injuries. Hard surfaces protect your head from pointed objects. Think Knights of the Round Table and spears and arrows. If you are riding a bike or skiing and someone is shooting arrows at you, you need a hard helmet.

Hitting the ground is different. Your brain bounces around inside your skill causing damage; a concussion. You need something to absorb the impact and soften the blow or extend the time the impact (force) is being applied to your head, which softens the blow. Helmets as they are currently used, do not do that.

Think about the issue this way. If you drop a weight on an egg, say 11 pounds from 4 feet the egg is going to smash. If you put a book on top of the egg and drop the 11-pound weight the egg is still going to smash. The amount of energy transmitted to the egg maybe reduced by the book; however, the energy reduction is not enough to protect the egg.

A Bicycle or ski helmet is the same way. There is some energy absorption, but not enough to protect your brain.

If you want to know why I picked 11 pounds from 4 feet that is the test for helmets. Watch Video of cycling helmet testing. No one is testing the force on the head, if the helmet absorbs any of the force, or if the impact broke your neck.

On top of that, always remember the helmet is tested with the impact landing in the center top of the helmet. When you fall to make sure you drive your head into the ground hitting the helmet in the center on top of your head to receive the maximum protection.

See for yourself. This is the UIAA (European) Test for Helmets.

clip_image001

This test is for climbing and some European ski helmets. In the US, a bike helmet and ski helmets are not tested for lateral force, slippage or chin strap strength.

There are some organizations that test the helmets to greater extremes such as Consumer Reports, but all they are doing is testing the helmet. They are not looking at whether the helmet protects your head. See Consumer Reports Bike Helmet Testing.

We are not testing whether a helmet looks good after an impact. We are testing whether the helmet protects your head from an impact and the drop test does not test that sufficiently, if at all.

If you want to test this yourself, figure a way to stick an egg under a helmet and drop a weight on the helmet. The egg is still going to crack or break.

Yes, your head is not an egg. It is just easier to see the results with an egg. The helmet did not decrease the pressure enough to protect the egg. The injury still occurred. If you could take the time to measure the breaking strength of an egg and then start below that number and drop weights on the helmet you would see a difference eventually which would be the amount of protections the helmet provides. However, that number would be small and probably no different from what a plastic bowl would do.

If you really want to test this, go buy two eggs.  Drop one from 15 feet and see what happens to the egg. Tape the other one in your helmet and drop it from the same height. The egg will crack (and make a real mess in your helmet).

Want more laughs about this? Watch this video where a cardboard helmet does a better job of protecting your head, by absorbing more force, than a bicycle helmet. See Kranium helmet Crash Test

Yes, your head is not an egg. Yes, a helmet will protect you from minor hits. Yes, a helmet is probably better than not using a helmet, unless the process stops you from riding a bike or skiing. The health benefits of activity out weight the risk of a head injury.

If that is the case, then why not wear a helmet when you drive, shower or work in the kitchen. All three have a far greater risk of head injuries then cycling.

However, we have not looked at whether using helmets deters activities. See TEDxCopenhagen – Mikael Colville-Andersen – Why We Shouldn’t Bike with a Helmet. I love the fact the in the video Mr. Colville-Andersen lets you know that the helmet tests were designed for pedestrians wearing helmets. Also he points out that helmet laws do not reduce head injuries. They reduce the total number of people riding bikes, which results in a reduction of head injuries.

Nor have we looked at the issue of the advertised protection versus the real protection afforded by a helmet.

Finally, we have not looked at whether wearing a helmet makes you react in a way to protect other parts of your body rather than your head. If you fall you natural protect your head. Your arms go out to keep your head form hitting the ground and then your cradle your head from being hit or hitting the ground. This accounts for tons of videos and statements when people hold up their battered helmet and say my helmet saved my life.

However, a helmet will not save your life. If you want to be cool and have a helmet that might protect your head watch this video: Hövding krocktest

But without bike and ski helmets where would we mount our video cameras?

References:

"Hairnet" helmet

Gourley, Jim, Bicycle Times August 1, 2011, Pull Your Head Out of Your…Helmet

Kim Gorgens: Protecting the brain against concussion

A.J. Jacobs: How healthy living nearly killed me

TEDxCopenhagen – Mikael Colville-Andersen – Why We Shouldn’t Bike with a Helmet

Other Articles on Helmets:

A father of a deceased skier pushing for a helmet law in New Jersey.

A helmet manufacture understands the issues(Uvex, Mouthguards)

A new idea that makes sense in helmets: the Bern Hard Hat

California bill to require helmets on skiers and boarders under age 18 dies lacking governor’s signature.

Does being safe make us stupid? Studies say yes.

Great article on why helmet laws are stupid

Great editorial questioning why we need laws to “protect” us from ourselves.

Helmet death ignited by misconception and famous personalities

Helmets do not increase risk of a neck injury when skiing

I could not make my son wear a helmet so I’m going to make you wear one

I once thought you had to take an IQ test to run to be a state legislator. You could run only if you flunk the test

Mixed emotions, but a lot of I told you so.

More information over the debate about ski helmets: Ski Helmets ineffective crashes were the wear is going faster than 12 miles per hour

National Sporting Goods Association reports that Helmet use at US Ski Areas increased during the 2009-10 ski season

OSHA Officially recommending helmets for ski area employees

Other Voice on the Helmet Debate

Recent UK poll shows that 10% of cyclists would quite biking if there was a compulsory helmet law.

Skiing/Boarding Helmets and what is the correct message

Survey of UK physicians shows them against mandatory bicycle helmet laws.

What do you think? Leave a comment.

If you like this let your friends know or post it on FB, Twitter or LinkedIn

Copyright 2012 Recreation Law (720) Edit Law

blog@rec-law.us

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog:www.recreation-law.com

Mobile Site: http://m.recreation-law.com

#RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #Ski.Law, #Outside.Law, #Recreation.Law, #Recreation-Law.com, #Outdoor Law, #Recreation Law, #Outdoor Recreation Law, #Adventure Travel Law, #law, #Travel Law, #Jim Moss, #James H. Moss, #Attorney at Law, #Tourism, #Adventure Tourism, #Rec-Law, #Rec-Law Blog, #Recreation Law, #Recreation Law Blog, #Risk Management, #Human Powered, #Human Powered Recreation,# Cycling Law, #Bicycling Law, #Fitness Law, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #Ice Climbing, #Rock Climbing, #Ropes Course, #Challenge Course, #Summer Camp, #Camps, #Youth Camps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, sport and recreation laws, ski law, cycling law, Colorado law, law for recreation and sport managers, bicycling and the law, cycling and the law, ski helmet law, skiers code, skiing accidents, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, Recreational Lawyer, Fitness Lawyer, Rec Lawyer, Challenge Course Lawyer, Ropes Course Lawyer, Zip Line Lawyer, Rock Climbing Lawyer, Adventure Travel Lawyer, Outside Lawyer, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, #RecreationalLawyer, #FitnessLawyer, #RecLawyer, #ChallengeCourseLawyer, #RopesCourseLawyer, #ZipLineLawyer, #RockClimbingLawyer, #AdventureTravelLawyer, #OutsideLawyer, Helmet, Helmets, Testing, UIAA, CPSC, Bicycle, Ski,

WordPress Tags: Helmets,Thanks,Brad,Waldron,Kali,helmet,energy,protection,injuries,Hard,Think,Knights,Round,Table,arrows,bike,brain,skill,impact,feet,reduction,Bicycle,absorption,Watch,Video,neck,UIAA,European,Test,chin,strength,extremes,Consumer,Reports,injury,weights,difference,protections,Drop,Tape,Want,Kranium,Crash,health,kitchen,TEDxCopenhagen,Mikael,Colville,Andersen,Shouldn,fact,pedestrians,Also,laws,bikes,statements,life,References,Gourley,Times,August,Pull,Head,Gorgens,Jacobs,Articles,Jersey,Uvex,Mouthguards,Bern,California,boarders,governor,signature,Does,Studies,Great,article,death,misconception,personalities,legislator,emotions,information,hour,National,Goods,Association,Areas,OSHA,area,employees,Voice,Debate,Recent,message,Survey,physicians,Leave,Twitter,LinkedIn,Recreation,Edit,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Mobile,Site,Outside,Moss,James,Attorney,Tourism,Risk,Management,Human,Rock,Ropes,Course,Challenge,Summer,Camp,Camps,Youth,Negligence,SkiLaw,OutdoorLaw,OutdoorRecreationLaw,AdventureTravelLaw,TravelLaw,JimMoss,JamesHMoss,AttorneyatLaw,AdventureTourism,RecLaw,RecLawBlog,RecreationLawBlog,RiskManagement,HumanPoweredRecreation,CyclingLaw,BicyclingLaw,FitnessLaw,RopesCourse,ChallengeCourse,SummerCamp,YouthCamps,Colorado,managers,accidents,Lawyer,Paddlesports,Recreational,Line,RecreationalLawyer,FitnessLawyer,RecLawyer,ChallengeCourseLawyer,RopesCourseLawyer,ZipLineLawyer,RockClimbingLawyer,AdventureTravelLawyer,OutsideLawyer,CPSC,concussion,whether,skiers


Do you really want to sell helmets this way? Does this article promote the industry?

Or does this article just create liability issues?

I recently read an article in a trade magazine about selling cycling helmets. As usual, it caught my attention, but for different reasons. This article was directed at retailers as an educational tool on how to sell helmets. However, the article was at best misleading and would probably get the retailer in trouble in the future. Besides, it created a sales program focused on the negative side of cycling rather than the benefits.

Here are the quotes that I found amusing, actually laughable if they were not so wrong.

As a bike storeowner,thisrgivessyouvbothoanbincredibleropportunityr–uandya–powerfuloresponsibilityi–itotupsell yourlbikeucustomerssandeconvinceothemctotpurchaseuachelmet andmperhapspsavepa life.a life.

It’s your responsibility to inform your customers of the invaluable protection a helmet provides, the importance of wearing a safe helmet that fits well, as well as the dangers and statistics of cycling-related head injuries.

According to the Insurance Institute for Highway Safety (IIHS), 91% of bicyclists killed in 2009 weren’t wearing helmets. The IIHS has estimated that wearing a helmet can reduce head injuries by 85%.

In the United States the Consumer Product Safety Commission (CPSC) regulates helmet law.

…-keep a helmet in shambles from a crash on display and include a testimony about the life it saved…

[emphasize added]

Seriously? This was written let alone allowed into print?

However, it was the hocus pocus of a graph in the article that caught my eye.

Bicyclist deaths by helmet se, 1994-2009

No Helmet Use

Helmet Use

Total

Year

Num

%

Num

%

Num

1994

776

97

19

2

796

1995

783

95

34

4

828

And so on through 2009.

The title implies the deaths occurred because cyclists did not wear a helmet. If you take two unrelated numbers and compare them, you can accomplish anything. For proof of this do a web search for “moon landings,” “Kennedy assignation,” and “World trade center,” for an interesting journey through made-up  statistics to prove this point. Here they point out who died without a helmet compared to who died wearing a helmet and imply that everyone who died without a helmet died of a head injury.

Absolute fabrication of statistics to scare people!

Helmets prevent head injuries; helmets don’t save lives. If you are involved in an accident severe enough that a head injury will kill you, other parts of your body will be injured severely enough to kill you.

So let’s tackle these misstatements in the article.

As a bike storeowner, this gives you both an incredible opportunity – and a powerful responsibility – to upsell your bike customers and convince them to purchase a helmet and perhaps save a life.

As a retailer you have NO legal responsibility to your customers as far as educating them. You DO have a legal responsibility to educate them correctly if you do educate them. Whether or not you have a moral or ethical responsibility is something you must deal with and a risk you must accept. That risk evaluation also includes losing money by not selling accessories like helmets. However, it is shameful for this article to try to place a burden on a retailer for not selling a helmet.

Helmets do not save lives; helmets may prevent head injuries.

It’s your responsibility to inform your customers of the invaluable protection a helmet provides, the importance of wearing a safe helmet that fits well, as well as the dangers and statistics of cycling-related head injuries.

What is a “safe helmet?”

If you are going to use statistics to prove your point, then you better understand what you are saying. You cannot take two “stats” and compare them to prove a point when the numbers are derived from different sources or different factors. (A perfect example of this is the chart that went with the article).

According to the Insurance Institute for Highway Safety (IIHS), 91% of bicyclists killed in 2009 weren’t wearing helmets. The IIHS has estimated that wearing a helmet can reduce head injuries by 85%.

Just because a large percentage of people died who were not wearing a helmet does not mean you can then say those people died of a head injury. That is like saying 97% of the people in the US who eat ice cream do not get cancer. Only three percent of the population gets cancer anyway.  However, that statistic is 100% correct and 100% meaningless, just like the statistics in the article. (However, you can use this statistic to eat more ice cream if you want.)

In the United States, the Consumer Product Safety Commission (CPSC) regulates helmet law.

This is the second time I’ve seen this in the past couple of months. NO! The CPSC is tasked with eliminating dangerous products. If a helmet is not doing what you say it is supposed to do AND there is the possibility of injury, then the CPSC can become involved. There are no federal helmet laws. The CPSC is a federal agency. There are some state helmet laws and some federal regulations concerning helmets. Those regulations are all based on a product meeting the tests of either a testing organization (ASTM, ANSI, etc.) or private non-profit organizations that test helmets (Snell).

…-keep a helmet in shambles from a crash on display and include a testimony about the life it saved…

These numbers also lead one to believe the people died because the cyclist was wrong and not wearing a helmet. However, that is not true either. Cyclists die when vehicles hit them. If the speed of impact is greater than 30 to 40 mph, the cyclists have almost a zero chance of surviving the impact. (See Zone 30 and Pedestrian and Bicyclist Intersection Safety Indices.) Distracted drivers, drivers not paying attention, drivers who don’t care kill cyclist with or without a helmet. See Sharing the Road With Bicycles for more examples.

Do Something

Why is this important? Because consumers do trust and believe retailers as the article points out. If you provide consumers with information which they rely upon in making a purchase which is incorrect and results in an injury you are liable. The manufacturer is going to walk away from this lawsuit without paying a dime. This is a lawsuit the retailer alone must fight.

The retailer made a misstatement that the consumer relied upon to the consumer’s detriment.

This helmet will save your life. The cyclists die of a head injury, and the retailer is writing a check.

You have to educate the consumer; however, when you do that you need to know what is correct. You cannot give the consumer incorrect information. You need to tell the consumer helmets prevent head injuries. No one knows, and there is zero proof that helmets save lives. In fact, the opposite is true. Looking at injury and fatality reports, helmets do nothing to save lives.

What is bad about this article is the fact the article was written by a helmet manufacture and published by an industry magazine. The magazine failed its readers because it published an article without checking the facts in the article. The manufacture that wrote the article is selling helmets based on made-up  statistics and facts to promote fear.

Cheap journalism is bad journalism.

On top of that are we helping cycling? If you are trying to sell a helmet to someone based on fear, are we helping the sport? Or are we telling parents that cycling is too dangerous for their kid? Is that how you want to sell cycling; this is a dangerous sport, so spend another $100 with me?

Studies show that using fear or laws to scare people into using helmet’s results in less people cycling. See Cyclists Without Helmets Deserve to Die, Doctors Argue Against Mandatory Bike Helmet Laws or Liberty or death; don’t tread on me.

What do you think? Leave a comment.

If you like this let your friends know or post it on FB, Twitter or LinkedIn

Copyright 2012 Recreation Law (720) Edit Law

blog@rec-law.us

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog:www.recreation-law.com

Mobile Site: http://m.recreation-law.com

#RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #Ski.Law, #Outside.Law, #Recreation.Law, #Recreation-Law.com, #Outdoor Law, #Recreation Law, #Outdoor Recreation Law, #Adventure Travel Law, #law, #Travel Law, #Jim Moss, #James H. Moss, #Attorney at Law, #Tourism, #Adventure Tourism, #Rec-Law, #Rec-Law Blog, #Recreation Law, #Recreation Law Blog, #Risk Management, #Human Powered, #Human Powered Recreation,# Cycling Law, #Bicycling Law, #Fitness Law, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #Ice Climbing, #Rock Climbing, #Ropes Course, #Challenge Course, #Summer Camp, #Camps, #Youth Camps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, sport and recreation laws, ski law, cycling law, Colorado law, law for recreation and sport managers, bicycling and the law, cycling and the law, ski helmet law, skiers code, skiing accidents, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, Recreational Lawyer, Fitness Lawyer, Rec Lawyer, Challenge Course Lawyer, Ropes Course Lawyer, Zip Line Lawyer, Rock Climbing Lawyer, Adventure Travel Lawyer, Outside Lawyer, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, #RecreationalLawyer, #FitnessLawyer, #RecLawyer, #ChallengeCourseLawyer, #RopesCourseLawyer, #ZipLineLawyer, #RockClimbingLawyer, #AdventureTravelLawyer, #OutsideLawyer, #helmet, Bicycle Dealer, #CPSC, #ASTM, #ANSI, #Snell,

 

WordPress Tags: helmets,Does,article,industry,magazine,attention,retailers,tool,retailer,Besides,sales,Here,bike,life,customers,protection,helmet,importance,dangers,statistics,injuries,Insurance,Institute,Highway,IIHS,States,Consumer,Product,Commission,CPSC,testimony,graph,Bicyclist,deaths,Total,landings,Kennedy,assignation,World,injury,Absolute,fabrication,accident,Whether,evaluation,money,factors,example,Just,percentage,cancer,population,statistic,products,laws,agency,ASTM,ANSI,Snell,Cyclists,vehicles,impact,zero,Pedestrian,Intersection,Indices,drivers,Road,Bicycles,examples,consumers,information,manufacturer,lawsuit,detriment,fact,readers,Cheap,journalism,parents,Studies,Deserve,Doctors,Argue,Against,Mandatory,death,Leave,Twitter,LinkedIn,Recreation,Edit,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Mobile,Site,Outside,Moss,James,Attorney,Tourism,Risk,Management,Human,Rock,Ropes,Course,Challenge,Summer,Camp,Camps,Youth,Areas,Negligence,SkiLaw,OutdoorLaw,OutdoorRecreationLaw,AdventureTravelLaw,TravelLaw,JimMoss,JamesHMoss,AttorneyatLaw,AdventureTourism,RecLaw,RecLawBlog,RecreationLawBlog,RiskManagement,HumanPoweredRecreation,CyclingLaw,BicyclingLaw,FitnessLaw,RopesCourse,ChallengeCourse,SummerCamp,YouthCamps,Colorado,managers,accidents,Lawyer,Paddlesports,Recreational,Line,RecreationalLawyer,FitnessLawyer,RecLawyer,ChallengeCourseLawyer,RopesCourseLawyer,ZipLineLawyer,RockClimbingLawyer,AdventureTravelLawyer,OutsideLawyer,Bicycle,Dealer,storeowner,bicyclists,weren,cyclist,upon

 


Law requires helmets, injuries down fatalities up?

However the article eventually does explain some great ideas about helmets.

An article Injuries have dropped since mandatory rule came in, but fatalities remain the same was written to look at the effects of a mandatory helmet law in British Columbia, Canada. The law was enacted in 1996. Riding a bike without a helmet can get you a $40 ticket.

One part of the article says that fatalities are down. The article also states:

Statistics compiled by the Bicycle Helmet Research Foundation show that injuries from cyclists involved in collisions did decrease from 35% of all police attended collisions in 1995 to 31% of those collisions by 1999.

However, a Canadian ministry says that bicycle fatalities have not decreased. “However in 2010, the Superintendent of Motor Vehicles admitted that fatalities had not decreased since the introduction of the helmet law.”

The article then states:

Bicycle helmet proponents are the subject of a great number of myths and exaggerations, some of which feature prominently in the promotion of helmets, according to the foundation.

These proponents claim that helmets prevent 85% of head injuries and 88% of brain injuries. But the foundation claims that where helmet use has become significant, there has been no detectable reduction in head injuries relative to cycle use.

Another myth, according to the foundation, is that bicycle helmets prevent 90% of fatalities.

“This prediction comes from a single source and is not reflected by real-world experience. Fatality trends in countries where helmet use has become significant give no reason to believe that helmets have saved even a single life,” the foundation states at http://www.cyclehelmets.org.

The article is full of confusing facts. However at least the article tackles the issues concerning helmets and dispels a few myths.

I suspect that injuries are down; however attributing that to helmets is difficult. Why injuries are up, could just be a factor of more people riding bikes, bikes that enable riders to go a lot faster or more cars on the road, as well as any number of different reasons.

Bicycle helmets may prevent a minor head injury, however most people do not believe that helmet may save your life.

What do you think? Leave a comment.

If you like this let your friends know or post it on FB, Twitter or LinkedIn

Copyright 2012 Recreation Law (720) Edit Law

blog@rec-law.us

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog:www.recreation-law.com

Mobile Site: http://m.recreation-law.com

#RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #Ski.Law, #Outside.Law, #Recreation.Law, #Recreation-Law.com, #Outdoor Law, #Recreation Law, #Outdoor Recreation Law, #Adventure Travel Law, #law, #Travel Law, #Jim Moss, #James H. Moss, #Attorney at Law, #Tourism, #Adventure Tourism, #Rec-Law, #Rec-Law Blog, #Recreation Law, #Recreation Law Blog, #Risk Management, #Human Powered, #Human Powered Recreation,# Cycling Law, #Bicycling Law, #Fitness Law, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #Ice Climbing, #Rock Climbing, #Ropes Course, #Challenge Course, #Summer Camp, #Camps, #Youth Camps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, sport and recreation laws, ski law, cycling law, Colorado law, law for recreation and sport managers, bicycling and the law, cycling and the law, ski helmet law, skiers code, skiing accidents, #helmets, #cycling, #Canada, British Columbia, Helmet law, bicycle helmets, cycling helmets.

WordPress Tags: helmets,injuries,article,helmet,British,Columbia,Canada,bike,ticket,Statistics,Bicycle,Research,Foundation,collisions,Canadian,ministry,Superintendent,Motor,Vehicles,proponents,myths,exaggerations,promotion,brain,reduction,Another,myth,prediction,trends,life,factor,bikes,riders,cars,road,injury,Leave,Twitter,LinkedIn,Recreation,Edit,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Mobile,Site,Outside,Moss,James,Attorney,Tourism,Risk,Management,Human,Rock,Ropes,Course,Challenge,Summer,Camp,Camps,Youth,Areas,Negligence,SkiLaw,OutdoorLaw,OutdoorRecreationLaw,AdventureTravelLaw,TravelLaw,JimMoss,JamesHMoss,AttorneyatLaw,AdventureTourism,RecLaw,RecLawBlog,RecreationLawBlog,RiskManagement,HumanPoweredRecreation,CyclingLaw,BicyclingLaw,FitnessLaw,RopesCourse,ChallengeCourse,SummerCamp,YouthCamps,Colorado,managers,accidents

Enhanced by Zemanta

Bicycling Magazine, May 2012: Safe for Any Speed

There is no government involvement in cycling (or any other) helmets

April 3, 2012

Peter Flax, Editor in Chief

Bicycling

400 South 10th Street

Emmaus, PA  18098

Via Email:      Bicycling@rodale.com

A bicycling helmet.

A bicycling helmet. (Photo credit: Wikipedia)

Re: Bicycling Magazine, May 2012: Safe for Any Speed

Dear Editor Flax:

Love your magazine; however your article Safe for Any Speed in the May 2012 edition incorrectly stated that bicycle helmets were controlled by government standards. No US government, state or federal or agency of a state or the federal government controls or has anything to do with standards for bicycle helmets.

The standards for Bicycle helmets are set by the ASTM International (formerly American Society for Testing and Material), Committee F08 on Sports Equipment and Facilities. Specifically Committee F08.53 on Headgear and Helmets (F1447-06 Standard Specification for Helmets Used in Recreational Bicycling or Roller Skating) is responsible for the standard and how the standard will be tested. For more information on this standard you can go to the ASTM and purchase the standard.

More importantly the standards are voluntary. No government, body, agency or board on a federal level requires any standard. Some state laws refer to the standards for cycling helmet laws.

Sincerely,

What do you think? Leave a comment.

If you like this let your friends know or post it on FB, Twitter or LinkedIn

Copyright 2012 Recreation Law (720) Edit Law

blog@rec-law.us

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog:www.recreation-law.com

Mobile Site: http://m.recreation-law.com

#RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #Ski.Law, #Outside.Law, #Recreation.Law, #Recreation-Law.com, #Outdoor Law, #Recreation Law, #Outdoor Recreation Law, #Adventure Travel Law, #law, #Travel Law, #Jim Moss, #James H. Moss, #Attorney at Law, #Tourism, #Adventure Tourism, #Rec-Law, #Rec-Law Blog, #Recreation Law, #Recreation Law Blog, #Risk Management, #Human Powered, #Human Powered Recreation,# Cycling Law, #Bicycling Law, #Fitness Law, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #Ice Climbing, #Rock Climbing, #Ropes Course, #Challenge Course, #Summer Camp, #Camps, #Youth Camps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, sport and recreation laws, ski law, cycling law, Colorado law, law for recreation and sport managers, bicycling and the law, cycling and the law, ski helmet law, skiers code, skiing accidents, Bicycling Magazine, Safe for Any Speed, #BicyclingMagazine, #helmets, cycling helmets, #magazine,

 

WordPress Tags: Magazine,Safe,government,involvement,helmets,April,Peter,Flax,Editor,Chief,South,Street,Emmaus,Email,Dear,Love,article,edition,bicycle,agency,ASTM,International,American,Material,Committee,Sports,Equipment,Facilities,Headgear,Standard,Specification,Recreational,Roller,information,Some,laws,helmet,Leave,Twitter,LinkedIn,Recreation,Edit,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Mobile,Site,Outside,Moss,James,Attorney,Tourism,Risk,Management,Human,Rock,Ropes,Course,Challenge,Summer,Camp,Camps,Youth,Areas,Negligence,SkiLaw,OutdoorLaw,OutdoorRecreationLaw,AdventureTravelLaw,TravelLaw,JimMoss,JamesHMoss,AttorneyatLaw,AdventureTourism,RecLaw,RecLawBlog,RecreationLawBlog,RiskManagement,HumanPoweredRecreation,CyclingLaw,BicyclingLaw,FitnessLaw,RopesCourse,ChallengeCourse,SummerCamp,YouthCamps,Colorado,managers,accidents,BicyclingMagazine

 

Enhanced by Zemanta