Lawsuit because a ski helmet failed to protect a plaintiff from concussion.

Is this, the beginning of an avalanche of lawsuits for concussions from people wearing helmets?

Rogers v. K2 Sports, LLC, 2018 U.S. Dist. LEIS 217233

State: Wisconsin: United States District Court for the Western District of Wisconsin

Plaintiff: Steven Scott Rogers, by his guardian, Tracy Rogers, Tracy Rogers, Samba Health Benefit Plan, Blue Cross Blue Shield of Wisconsin, and State of Wisconsin Department of Health Services

Defendant: K2 Sports, LLC, Lexington Insurance Company, and AIG Europe Limited

Plaintiff Claims: negligence, strict product liability, and breach of warranty

Defendant Defenses:

Holding: Mostly for the Plaintiff

Year: 2018

Summary

This appears to be the first lawsuit over a ski helmet not protecting the skier from a brain injury. This is just a motion hearing. However, it provides some insight into the claims and defenses that will spring up in the future if people continue to believe that human-powered recreation helmets are going to protect against concussions and fatal head injuries.

Facts

Scott wore a K2 Phase 08 helmet while skiing with his stepson Coby at the Afton Alps Ski Area in Washington County, Minnesota, on New Year’s Eve 2015. Around 8:40 p.m., Scott and Coby skied down a beginner’s run called Nancy’s Nursery. Scott fell about halfway down the hill near some small mounds called “rollers.” Coby was in front of Scott and did not witness the fall. Another skier did witness the fall, but he was not able to recall any details about it, except that the fall did not seem unusual.

The fall left Scott unconscious and bleeding from his left ear. Scott was taken by ambulance to a hospital, where doctors conducted tests including a CT scan of Scott’s head. The accident caused brain hemorrhages and fractured Scott’s skull, left clavicle, and numerous ribs along Scott’s left side. As a result of permanent brain damage caused by the accident, Scott now lives at a VA hospital where he receives round-the-clock care.

The K2 helmet was certified as compliant with the standards of ASTM International, which is an organization that develops and [*4] publishes technical standards for a wide range of products.2 Compliance with ASTM standards is voluntary. The K2 helmet has three layers. The exterior layer is a hard-plastic shell. The shell is lined with an Expanded Polystyrene (EPS) energy-attenuating layer, which is supposed to absorb and dissipate shock from a blow to the head. The third layer is a comfort liner that can be adjusted to fit on the user’s head. After Scott’s accident, the lower left rear of the exterior shell was cracked. And, in the same area, the shock-absorbing EPS layer was flattened, and chunks of the EPS were missing.

Analysis: making sense of the law based on these facts.

This was a motion’s decision. A Motion for summary judgment was filed by the defendant who was denied and motions to exclude witnesses, expert witness testimony, etc., which were denied in part and granted in part for both parties.

The main issue is, it is a lawsuit against the manufacturer of a human-powered recreation helmet manufacturer for a concussion.

The motions covered a broad range of topics; this discussion will look at the important points from an outdoor recreation perspective.

The court started by looking at the Wisconsin Product Liability statute.

Wisconsin product liability law is codified under Wisconsin Statute § 895.047.5 A product liability claim has five elements: (1) the product was defective; (2) the defect rendered the product unreasonably dangerous; (3) the defect existed when the product left the control of the manufacturer; (4) the product reached the consumer without substantial change; and (5) the defect caused the claimant’s damages.

The substantial change requirement is interesting. That reasoning provides a defense for the manufacturer if the retailer makes modifications to the helmet for a sale. At the same time, it is how all people in the chain of custody of a product are held liable for a product liability claim. Any of the people in the chain of custody, manufacture, distributor, retailers could have identified the defect and prevented the defective product from reaching the consumer.

Generally, product liability claims are one of three types: “design defects, manufacturing defects, and warning defects.”

Design defects are levied when the product is designed badly from the beginning. Although there are a lot of design defect claims, there are rarely judgments based on design because most manufacturers understand safety issues.

One area that does pop up in design defects is when a product is used differently from what it was originally designed. If the manufacturer leans about the misuse of the product, then the manufacturer may be held liable for injuries due to the misuse of the product.

Manufacturing defects are simply a failure of quality control. Although in this day, you would think, manufacturing defects would be rare, they occur constantly. A manufacturing defect is usually the reason for a recall of a product.

The final defect, warning defects, are the easiest and toughest at the same time. Making sure the information on how to use a product and any warnings on how not to use the product are critical. At the same time, it is difficult for manufacture to envision how their product could be used and all the risks from those different uses.

As an example, when I’m design manuals and warnings, I want the product. After I have examined it thoroughly and tried every possible way to use it improperly, I ask someone who has no understanding of the product to use it. A sixteen-year-old kid can do amazing things that no one ever envisioned with some products.

Many times, a product liability lawsuit will include a negligence claim. Here the court compared the issues of proving a product negligence claim and a product liability claim.

Plaintiffs also bring a claim for negligence. To sustain this claim, plaintiffs must prove (1) the existence of a duty of care on the part of the defendant, (2) a breach of that duty of care, (3) a causal connection between the defendant’s breach of the duty of care and the plaintiff’s injury, and (4) actual loss or damage resulting from the injury. In Wisconsin, a manufacturer’s duty of care includes the duty to safely design the product so it is fit for its intended purpose, and the duty to conduct adequate inspections and tests to determine the extent of defects.

The bold issue is another point you rarely know about. Your duty to design is just step one. Step two is you must test your product to make sure that it meets the intended purpose and the limits of your design. You design a product to do something. Once manufactured you must test the product initially and sometimes ongoing to make sure it still does what you say it will within the parameters you say it will operate.

This duty to test is increased if the duty arises from labeling or marketing. If you say the product contains X ounces of Sample or only breaks under loads greater than XX pounds you have to make sure each of your products meets that test.

The issue in ski helmets is not what the manufacturer says it can or cannot do. The issue is what the consumer believes the product will do. The consumer/plaintiff believes the ski helmet is designed to protect against a concussion, where, in reality; the design is just to slightly minimize the injury potential.

In this case, the plaintiff was claiming the helmet was defective. The plaintiff had to prove:

…a product is defective in design if the “foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design by the manufacturer, and the omission of the alternative design renders the product not reasonably safe.”

The helmet manufacturer, K2 brought up the fact that the helmet met the ASTM standards for ski helmets. That standard required the helmet to “keep the user’s head from accelerating more than 300 g, meaning that the force of impact on the skull is equivalent to 300 times the force of gravity or less.” If you look at that standard, it is minimal.

However, the ASTM helmet is not a 100% defense to a claim. It only shifts the burden to the plaintiff to prove the helmet was defective, more so since all helmet standards are voluntary.

The ASTM standards may be relevant, but they are not dispositive. If the ASTM standards were adopted by federal or state law, then K2 would be entitled to a rebuttable presumption that the helmet was not defective. Wis. Stat. § 895.047(3)(c). But the ASTM standards are only voluntary. Compliance with voluntary standards at the time of manufacturing may be evidence that K2 behaved reasonably, in defense of plaintiffs’ negligence claim.

Voluntary standards, which most standards are identified as, are really only a sword and not a shield. If you don’t meet a standard, then it is proof you don’t care, and you had a cheap product. Failing to meet a standard is better in the plaintiff’s hands to proof you were bad, rather than in the defendant’s hands as a shield.

Under Wisconsin law, the court set forth the issues needed to prove a defect based on inadequate warnings on the product or provided to the consumer.

Under Wisconsin’s product liability statute, a product is defective because of inadequate instructions or warnings if “foreseeable risks of harm posed by the product could have been reduced or avoided by the provision of reasonable instructions or warnings by the manufacturer and the omission of the instructions or warnings renders the product not reasonably safe.” Wis. Stat. § 895.047(1)(a). Plaintiffs do not need to show that Scott actually read the instructions to prove causation. When a product is missing an adequate warning, the missing warning is a substantial factor in causing injury if a reasonable person would have heeded the warning and as a result avoided injury. There is a presumption that any missing instructions would have been read, and therefore a presumption of causation.

Here again, warnings are another weak shield for the defendant and a better sword for the plaintiff in litigation. Warnings show you tried to inform the consumer, or you told the consumer not to do something and they consumer did it anyway. The lack of a warning is a major sword to the plaintiff who can show the jury the lack of care and concern on the part of the manufacturer that should have and could have warned the consumer of the risk.

You can see the difference in the value of some arguments between the plaintiff and the defendant. If the defendant had the warning, it really does not matter except to hope you can argue it was written in a way that the consumer had to have seen it. If the manufacturer fails to have a warning, then the presumption is the consumer would have read the warning and not been hurt. But for the failure to have a warning, there would be no injury. If you are a manufacturer believing that since you have met the standards you are safe, you are soon to be renamed “Defendant.”

Even the voluntary part of the term “voluntary standard” can come back to haunt a manufacturer. If the manufacturer decides not to meet the standard, it is easy for the plaintiff’s attorney to argue the manufacturer did not meet the standard to save money, or because they did not care about their customers. Consequently, once a standard is created, voluntary or not, every manufacturer must meet the standard.

Worse, any standard then restricts research and development because of the fear of not meeting the standard and looking bad in court.

The motion did not look at the issues, we would like some clarification or the facts. What happened to cause the head injury that turned the plaintiff into a vegetable and more importantly, what did the plaintiff believe when they purchased the helmet.

So Now What?

The decision had a few interesting points. However, the greatest issue is the floodgates are now probably open for head injuries that occur to skiers and other recreationists while wearing a helmet. It will be interesting to see how this decision progresses through the courts and whether the issues of the amount of protections afforded versus the expectations of the consumer becomes an issue.

As the decision states. Ski helmets have limited ability to protect. The ASTM standard quoted in the decision requires the helmet to meet a simple test.

Under the ASTM standards, a helmet must keep the user’s head from accelerating more than 300 g, meaning that the force of impact on the skull is equivalent to 300 times the force of gravity or less.

Human-powered recreation helmets, ski, bike, rollerblading, scooters, etc., only protect against minor scalp injuries, nothing more. If the NFL cannot protect football players with helmets costing thousands of dollars why to you think the piece of plastic you paid $100 is going to protect you from a concussion.

More articles about helmets

A helmet manufacture understands the issues (Uvex, Mouthguards)    http://rec-law.us/xpxX6n

A new idea that makes sense in helmets: the Bern Hard Hat    http://rec-law.us/yPerOd

Are we using safety as an excuse not to spend time with people? Is here, “wear your helmet” taking the place of let me show you how to ride a bike?    http://rec-law.us/1fqwlpV

Do you really want to sell helmets this way? Does this article promote the industry?    http://rec-law.us/NfoMTs

Does being safe make us stupid? Studies say yes.    http://rec-law.us/Ao5BBD

Great article on why helmet laws are stupid    http://rec-law.us/zeOaNH

Great editorial questioning why we need laws to “protect” us from ourselves.    http://rec-law.us/Ayswbo

Helmets do not increase risk of a neck injury when skiing    http://rec-law.us/wPOUiM

Helmets: why cycling, skiing, skateboarding helmets don’t work    http://rec-law.us/RVsgkV

Law requires helmets, injuries down fatalities up?    http://rec-law.us/YwLcea

Mixed emotions, but a lot of I told you so.    http://rec-law.us/ysnWY2

More information over the debate about ski helmets: Ski Helmets ineffective crashes were the wear is going faster than 12 miles per hour    http://rec-law.us/z4CLkE

The helmet issue is so contentious people will say the stupidest things    http://rec-law.us/zhare9

What do you think? Leave a comment.

Copyright 2018 Recreation Law (720) 334 8529

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UVEX Bicycle Helmets being recalled

Identifying Information: This recall involves seven models of UVEX helmets. The helmets come in a variety of colors with different colored chin straps. The helmets have a model number inside the helmet under the fitting pad on the top right side. The affected helmet model numbers are XB017, XB022, XB025, XB027, XB032, XB036 and XB038.

Remedy UVEX Sports Inc. toll-free at (844) 767-0656 from 9:30 a.m. to 6:30 p.m. ET Monday through Friday, or online at http://www.uvex-sports.us and click on “Recall” for more information.

Units: 46,800

Year Manufactured: September 2009 through June 2014 for about $100 to $260.

Incidents/Injuries: None reported.

Uvex Sports GmbH & Co. KG, Germany

Retailers: If you are a retailer of a recalled product you have a duty to notify your customers of a recall. If you can, email your clients or include the recall information in your next marketing communication to your clients. Post any Recall Poster at your stores and contact the manufacturer to determine how you will handle any recalls.

For more information on this see:

For Retailers

Recalls Call for Retailer Action

A recall leads to lawsuits because injuries are connected to the product being recalled thus a lawsuit. Plaintiff’s hope the three can be connected

Combination of a Products Liability statute, an Expert Witness Report that was just not direct enough and odd facts holds a retailer liable as manufacture for product defect.

Product Liability takes a different turn. You must pay attention, just not rely on the CPSC.

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

Summary Judgment granted for bicycle manufacturer and retailer on a breach of warranty and product liability claim.

For Manufacturers

The legal relationship created between manufactures and US consumers

A recall leads to lawsuits because injuries are connected to the product being recalled thus a lawsuit. Plaintiff’s hope the three can be connected

Combination of a Products Liability statute, an Expert Witness Report that was just not direct enough and odd facts holds a retailer liable as manufacture for product defect.

 

 

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Georgia Federal Court finds that assumption of the risk is a valid defense in a head injury case against a bicycle helmet manufacturer.

If you purchase a helmet that only protects part of your head, then you cannot sue for injuries to the part of your head not protected.

Wilson v. Bicycle South, Inc., 915 F.2d 1503; 1990 U.S. App. LEXIS 18903; 31 Fed. R. Evid. Serv. (Callaghan) 682

State: Georgia, US Court of Appeals for the Eleventh Circuit

Plaintiff: Lois Elaine Wilson

Defendant: Bicycle South, Inc.

Plaintiff Claims: Product Liability (breach of warranty, strict liability, and negligence)

Defendant Defenses: Assumption of the Risk and Open and Obvious

Holding: For the defendants

Year: 1990

This case is fairly easy to understand, even though the opinion is quite complicated. The plaintiff was riding her bike from Florida to California. While traveling through Georgia she crashed suffering head injuries.

She sued claiming the rear wheel of the bike collapsed causing her crash. She claimed her head injuries were caused because the helmet failed to protect her head.

She sued the wheel manufacturer, Opportunities Inc., the bicycle manufacturer, Trek Bicycle Corporation and the retailer Bicycle South, Inc. The three defendants were found not liable at trial.

The jury did find the helmet manufacturer, Skid Lid Manufacturing Company liable for the plaintiff’s head injuries. The majority of the decision reviews the helmet issues. The plaintiff purchased the helmet for her ride. The helmet was a “half helmet” which only covered the top half of her head. The helmet came down to about the top of her ears.

The jury found in favor of the plaintiff on the head injury issue caused by the helmet manufacturer. The defendant Skid Lid moved for a judgment notwithstanding the verdict, (JNOV), which the court granted. The defendant helmet manufacturer appealed the decision.

A JNOV is effectively a motion filed by the losing party and the judge overrules the jury. This is a motion that is rarely granted and only done so to overcome extreme or unreasonable jury verdicts. The judge must find that no reasonable jury could reach the decision that was reached by the jury in the case. Normally this is because there are insufficient facts to support the claims or the jury applied the law incorrectly.

In this case, the JNOV seemed to have been entered because the jury ignored the defenses presented by the defendant.

Summary of the case

Georgia at the time of the decision allowed several defense to product liability claims, two of which were: Assumption of the risk and the “open and obvious” defects. Variations of these defenses are available in some, but not all states. The trial judge in this case granted the JNOV based on the Assumption of the Risk defense. The appellate court looked at both of these defenses.

The open and obvious defense states a plaintiff cannot recover from a defendant when the alleged defect is patent and obvious to the user.

The open and obvious rule states that a product is not defective if the peril from which injury could result is patent or obvious to the user. This determination regarding the peril is made on the basis of an objective view of the product. In assessing what is obvious, it must be remembered that, contrary to the belief of some, the American public is not child-like.

This defense is not based on a defect in the product, only that the product will not or will do something that is patent, and open and obvious.

The defense applied here because the plaintiff when purchase the helmet purchased one that only covered part of her head. It was “obvious” that the helmet would not protect the part of her head that the helmet did not cover.

The assumption of risk defense is slightly different, but also applicable in this case. If the consumer knows of a defect in the product, is aware of the danger presented by the defect and proceeds to use the product anyway the plaintiff is barred from recovering. “The first part of the test, actual knowledge of the defect and danger, is fulfilled because appellant had subjective knowledge that the helmet she purchased only covered a portion of her head.”

The assumption of risk defense in Georgia is slightly more difficult to prove because the injured plaintiff must have known about the defect. (However, a defect only becomes one in pleadings after an injury has occurred.) What I mean by this is, as a manufacturer should point out the limitations of the product in the information supplied by the product. This provides the necessary notice to a user of the defect and provides a defense to the manufacturer.

The court also ruled on evidentiary issues in the case which are not important in understanding these issues.

So Now What?

For manufacturers, selling a product means more than just point out the great features of the product. You must warn the consumer of any problems or issues with the product and you must point out what the product cannot do.

That does not mean that you should point out your bicycle won’t get you to the moon. It might mean you should point out that the bicycle should only be ridden on roads if it is a road bike. Videos online show road bikes being ridden everywhere, but that does not mean as a manufacturer you should be liable when someone tries to ride the Monarch Crest Trail on your road bike.

As a retailer, you should point out the differences in products trying to specifically point out short comings about a product. This helmet has a MIPS system in side, this one does not.

Both of these defenses are easy to rely on, however not all states still allow the use of these defenses.

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HIP-TEC Unveils the Future of Head Injury Prevention Technology

These guys understand the issues. Wow!

Passion to Change Helmet Standards and Save Lives Drives HIP-TEC Founders

Check out the website: http://www.hip-tec.com 

HIP-TEC LOGO

HIP-TEC (Head Injury Prevention Technology)—maker of the HIP-TEC Inside interior helmet protection system—today announced the company’s global launch and partnership program.  HIP-TEC focuses on making the best impact-absorbing interiors for the world’s top helmet companies.

HIP-TEC’s Inside interior helmet protection system is designed to fully integrate with other companies’ helmet shell concepts in an ingredient brand approach, meeting the needs and new benchmarks of the action sports industry and athletes that continue to push the limits of their sports.  HIP-TEC’s formulated and tested interior capsule dramatically exceeds today’s outdated helmet standards and designs, which concentrate on reducing single, high impact skull fractures.

In extensive independent testing at certified labs, with HIP-TEC implemented into a partner’s helmet, the severity of an impact is reduced by 40 – 60 percent across all angles, impact testing velocities and drop test heights.

“Our interior technology system is a game changer because it mitigates against all three accident scenarios that can contribute to head injuries — high velocity impacts, low speed falls and rotational impacts,” says HIP-TEC co-founder Nick Turner.  “Not only do helmets with HIP-TEC Inside technology significantly reduce the force of these impacts better than top helmet brands’ current interior technologies, HIP-TEC Inside outperformed while being 20 percent thinner than a traditional ski or bike helmet’s protective core.”

The technology has been co-developed over the past decade at internationally certified labs with development through Johns Hopkins University joint research projects and testing at HIP-TEC’s Truckee-based helmet lab.

Current medical research indicates that the lower the g-forces associated with an impact, the less likely a concussion will occur. HIP-TEC’s patent-pending layered design, lowers g-forces during an accident by slowing down the speed at which the head feels the weight of an impact, thus lowering the critical peak acceleration to dead stop and decreasing head and brain injuries. The formulated design of HIP-TEC allows protective layers to engage together as one unit or as separate energy absorbers depending on the severity of an impact.

 “Because of current standards decision makers refusal to recognize the progression of sport and new medical research findings, helmets are not evolving at the speed of the athletes they are designed to protect,” comments HIP-TEC co-founder Tom Feiten.  “International standards still require that a helmet is tested to keep an impact below 250 g’s (g-force) and then it’s certified to sale.  We firmly believe helmets still need to pass this standard, but at the same time they also must address accidents that are causing the majority of concussions happening at smaller, low falls that register between 90 and 150 g’s. HIP-TEC Inside does this and does it better when engineered into another brand’s helmet.” 

With its proven ability to lower the severity of head injuries and compatibility with current helmet shell designs, HIP-TEC technology is set to revolutionize action sports safety.

“It’s our friends and families pushing these sports and getting injured,” adds Turner. “Our mission and passion is to protect them through education and offering helmets brands the most protective interior technologies to integrate into their products.”

Based in Truckee, California, HIP-TEC (Head Injury Prevention Technology) solely focuses on making the best impact absorbing interiors for the world’s top helmet companies. The proprietary technology far outperforms current products and standards, meeting the needs and new benchmarks of industries and athletes that continue to push limits. HIP-TEC is part of FT Accelerator, a San Francisco-based growth program for fashion tech startups. Visit http://www.hip-tec.com to learn more about our technology and the future of interior helmet design.

TomFeiten_NickTurnerHeadShot

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Hopefully this will lead to better helmets that will make a difference.

Article looks at dozens of studies in cycling head injuries in several countries.

English: A commuter cyclist in the London morn...

There not need to say much, just read the following quotes then go read the entire article for yourself.

These sources show no improvement in serious injury trends as helmet use has become more common. Indeed, sometimes they suggest that the number or severity of injuries has increased.

In Great Britain, there was no detectable improvement in fatalities, serious injuries or the average severity of injuries to cyclists over the period 1985 to 2001, during which helmet use rose from close to zero to approx. 22%. Injury severity increased as helmet use became more common

In Greater London, cyclist injuries became more serious as helmet use increased in the mid 1990s. In Edinburgh, also with approx. 50% helmet wearing, casualties have become more serious as helmet use has increased

In the USA, cyclists suffered more head injuries in 2001 than in 1991 although helmet use had increased from 18% to 50%.

In Australia, helmet laws caused head injuries to fall by 11% to 21%. But cycle use fell by 30% to 60%, suggesting that those who continued to cycle were more at risk.

In New Zealand, large increases in helmet use have not brought any reduction in the proportion of serious head injuries. Some reduction in mild concussions and lacerations has been balanced by an increase in neck injuries

More generally, concerns have been expressed that helmets may increase the risk of the most serious types of head injury typical of road crashes and which involve rotational forces

In the coming years, there is going to be some major changes and revelations on helmets in skiing and cycling.

Cycling

Remember you do not get a concussion when you hit your head. You get a concussion when your brain bounces back and forth inside your skull. Look at snow and look at your ski helmet and tell me which is softer. Which is going to absorb more? Which is going to slow the force to spread it out over time? Cycling helmets are slightly different because of the speed and chances of hitting pavement. However?

More importantly, why are head injuries increasing in all of those studies (except the Australian one) when helmet use is

increasing?

See What evidence is there that cycle helmets reduce serious injury?

What do you think? Leave a comment.

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Study shows that head injuries are on the rise on the slopes even though more people are wearing helmets

Risk Homeostasis?

A study presented at the American College of Emergency Physicians(ACEP) showed that even with the increased use of helmets on ski slopes head injuries had

PARK CITY, UT - FEBRUARY 01: Alexandre Bilode...

increased. Overall injuries on the slopes have remained constant during the same period of time.

The study was based on a review of reports to the U.S. Consumer Product Safety Commission‘s National Electronic Injury Surveillance System (NEISS) Overall helmet use increased from 36.7% to 57.99% during the study period.

The study looked at 68,761 head injuries during the 2004 through 2010 ski seasons. Males represented 68.8% of the injuries, snowboarders 57.9%, and riders between the ages of 11-017 representing 47.7%.

The one difference in the study was children under 10 years old, which showed a decrease in hade injuries dropping from 11.7% to 4.6%.

One brought out by the study was helmets are only good for impacts of 12-15 miles per hour. Most people ski and board faster than that. The true value of a helmet, 12-15 mph of impact protection should be put out there so more people understand what a helmet will and will not do. People are sold helmets with the idea that they will prevent head injuries. They only will prevent injuries in that narrow range of 0-15 mph; over that speed, you probably are going to have an injury.

There were two different ideas put forth as two why head injuries increased. The one idea with the least space about it was Risk Homeostasis or Target Risk. The other was:

My assumptions are that those increases parallel the increase in terrain park use and the level of difficulty and risk in these sports over the last decade,” Christensen said, “and also that we’re simply seeing more people reporting head injuries because there’s been more education and awareness around them.

However, Risk Homeostasiswill also support the greater use of terrain parks and the increased level of difficult and increased risk undertaken by skiers and riders.

English: Freestyle skiing jump

English: Freestyle skiing jump (Photo credit: Wikipedia)

Do Something

If you sell helmets tell people the truth. Helmets will reduce some head injuries. Helmets probably will not save your life because if you hit something hard enough to cause brain damage that a helmet will protect you from; you are going to receive other injuries that may kill you.

If you wear a helmet understand what your helmet will and will not do to protect your head.

See Head injuries on rise despite helmets

For additional articles on Risk Homeostasis see:

Risk homeostasis theory and traffic accidents: propositions, deductions and discussion of dissension in recent reactions

The Theory of Risk Homeostasis: Implications for Safety and Health

Target Risk: Dealing with the danger of death, disease and damage in everyday decisions

For additional articles on Helmets see:

A helmet manufacture understands the issues(Uvex, Mouthguards)          http://rec-law.us/xpxX6n

A new idea that makes sense in helmets: the Bern Hard Hat                         http://rec-law.us/yPerOd

Does being safe make us stupid? Studies say yes.                                          http://rec-law.us/Ao5BBD

Great article on why helmet laws are stupid                                                       http://rec-law.us/zeOaNH

Great editorial questioning why we need laws to “protect” us from ourselves.         http://rec-law.us/Ayswbo

Helmet death ignited by misconception and famous personalities                http://rec-law.us/wfa0ho

Helmets do not increase risk of a neck injury when skiing                              http://rec-law.us/wPOUiM

Helmets: why cycling, skiing, skateboarding helmets don’t work                   http://rec-law.us/RVsgkV

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

PARK CITY, UT - FEBRUARY 01: Ryan St Onge of ...

hour                                                                     http://rec-law.us/z4CLkE

National Sporting Goods Association reports that Helmet use at US Ski Areas increased during the 2009-10 ski season                                                                                                 http://rec-law.us/zZTzqa

OSHA Officially recommending helmets for ski area employees                   http://rec-law.us/xo5yio

Other Voice on the Helmet Debate                                                                       http://rec-law.us/AzaU9Q

Recent UK poll shows that 10% of cyclists would quite biking if there was a compulsory helmet law.            http://rec-law.us/t1ByWk

Skiing/Boarding Helmets and what is the correct message                             http://rec-law.us/AzeCpS

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

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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

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