Law firm is going after GoPro for two different ways a video camera can allegedly lead to a fatality: the camera does not kill you, using the camera kills you????
Posted: October 29, 2014 Filed under: Avalanche | Tags: avalanche, Avalanche Beacon, Camera, GoPro, helmet, Video Camera 8 CommentsNot the only ways. Better the issue is the failure to warn that doing stupid things to try and become famous might kill you?
A press release went out from a large northwestern law firm looking for people who had been injured or died wearing GoPro Cameras. The first cause of accidents targeted were accidents due to GoPro’s interfering with Avalanche Beacons. See Electronic gadgets, including video cameras interfere with Avalanche Beacons. The second was head injuries from mounting GoPro Camera’s on a helmet.
Both arguments have major flaws. The first claim that GoPro’s interfere with Avalanche Beacons is true. However, any electronic device interferes with an avalanche beacon. If your cell phone is close to your beacon and rings during a search for you, you may not be found. However, cell phones will cause less interference because a phone is shielded. Cameras, video cameras and other electronic devices have less shielding so they create more interference. Put a video camera on your chest, an MP3 Player in your pocket and a walkie-talkie on your chest and you’ll never be found.
In researching the article Electronic gadgets, including video cameras interfere with Avalanche Beacons I did not find any electronic device that stated it may interfere with a beacon. Some electronic devices said they may cause interference but it is not specific. Most state that the device meets some FCC shielding requirements.
The second major issue is allegedly helmet mounts affect the helmet’s ability to protect your head. The helmet mount issue started with a news report that the GoPro cameras mount caused the helmet being worn by Formula 1 racer Michael Schumacher led to his injuries in a skiing accident. See Michael Schumacher’s Ski Accident Brain Injury Said to Be Caused by his GoPro Helmet Cam. The mount was a stick on mount. If stick on mounts affects helmets, goggle holders, stickers and dozens of other things we attach to helmets may be subject to litigation. Supposedly, the French investigation into this did not lead to any problems.
Some helmet mounts use drilled holes into your helmet to mount cameras. GoPro has none of those on its website. (Drill a hole in your helmet?)
The article indicates the law firm does not really understand what is going on. One report suggests that the cameras may interfere not only with the transmission of the rescue signal, but also with the ability of searcher equipment to locate an avalanche victim.” Isn’t that one and the same no transmission no finds you. Besides what is the “searcher equipment?”
I think a better lawsuit might be the brain damage any video camera does to the wearer. Put on a video camera and you seem to do stupid things. Just go to YouTube.com and you’ll find hundreds of videos proving this legal theory.
See Law Firm Begins Soliciting GoPro Customers
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An attempt to divert criminal prosecution or is there something to gluing cameras on helmets weakening the helmet.
Posted: March 4, 2014 Filed under: Skiing / Snow Boarding | Tags: Europe, helmet, Helmet Camera, HelmetCam, Michael Schumacher, Off-Piste, Race Car Driver, ski area, skiing, Video Camera Leave a commentAn attempt to divert criminal prosecution or is there something to gluing cameras on helmets weakening the helmet.
Remember Europe has a different system of enforcement of laws to keep people safe than the US. Where we would sue, Europe regulates and if you violate the regulation you are criminally charged.
The article states that the head injuries to Michael Schumacher the famous race car driver might have been caused by his camera changing the effectiveness of his helmet.
Investigators are exploring the theory that Michael Schumacher’s helmet camera could have caused the helmet to shatter, leading to serious head injuries
Schumacher, an experienced skier, was travelling at a moderate speed when he fell and hit a rock. His skis were new; his bindings have been subsequently tested and were not at fault; he was fully in control of his movements as he left the marked pistes and traversed the patch of snow in-between two groomed runs in Meribel.
But now investigators believe that they may have found a reason for the seriousness of the crash. They think that his helmet camera could have actually worsened the blown, and caused the helmet to shatter into pieces.
Experts from ENSA, the world-renowned ski and climbing academy in the French ski resort of Chamonix, have conducted tests to determine whether the presence of a solid object between a helmet colliding with a rock would weaken the structure.
The helmet smashed – but the camera he had attached to it, in order to record him and his son skiing, was undamaged. The footage, audio and visual, has provided police with crucial information about the crash.
“The helmet completely broke. It was in at least two parts. ENSA analysed the piece of the helmet to check the material, and all was OK,” said a source close to the investigation.
“But why did it explode on impact? Here the camera comes into question. The laboratory has been testing to see if the camera weakened the structure.”
The following, however, maybe the real reason for the statements.
Lawyers had argued that managers of the ski resort might face up to three years in prison because the dangers lurking within the off-piste section were not properly marked.
Off-piste, usually meaning out of bounds or off trail here sections of the ski area where Mr. Schumacher fell might not have met the necessary requirements.
Do Something
Think. Although it is not outside the realm of possibility, it is hard to determine why a camera mounted on a helmet would affect the helmet’s performance. On top of that, ski helmets are designed to break. In fact most helmets only are effective once they break.
Believe me, as you know helmets are a real issue in my opinion. But to blame the injury on the helmet or the camera I think is just a way to dodge a criminal charge or change public opinion about the incident.
SeeMichael Schumacher skiing crash: did helmet camera cause head injuries?
To further understand the difference between the US and Europe see:
Another Litigation versus Criminal example
Criminal Charges brought against Everest Guide in the UK
Death of young climber leads to criminal charges in Italy
Forgetting your beacon is manslaughter in Europe….if you wife dies in an Avalanche
The legal relationship created between manufactures and US consumers
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