A youth football player suffered an injury when involved in a tackle. The injury eventually led to paralysis, so the family sues the manufacturer of the helmet because they believe the type of padding in the helmet was inferior and that other (better) alternative padding systems existed. What type of product liability claim would they most likely bring to court?

Question

Kurly

Business

10 August, 23:05

A youth football player suffered an injury when involved in a tackle. The injury eventually led to paralysis, so the family sues the manufacturer of the helmet because they believe the type of padding in the helmet was inferior and that other (better) alternative padding systems existed. What type of product liability claim would they most likely bring to court?

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Answers (1)

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Lilyana Barker · Answer 1

The answer is: Design defect

Explanation:

Design defects are flaws and errors in the way a product is designed. A design defect exists when a product's design can cause unreasonable risk of injury.

The player's family can bring a design defect claim against the manufacturer if it was reasonably foreseeable that risks over possible injury could have been reduced (or even avoided) if they had used another type of padding which was available to the manufacturer.