A 13-year-old playing football in a Pop Warner recreation league received a severe head injury after being hit by an opponent. The helmet the injured player was wearing caved in on the side where his opponent's knee hit his helmet. The attorney hired by plaintiff and his parents alleged a strict liability claim against the helmet manufacturer and argued a negligence cause of action that the helmet was improperly designed. Which factor (s) might plaintiff's attorney present in his/her argument to win the case?

Question

Elein

Social Studies

17 January, 14:03

A 13-year-old playing football in a Pop Warner recreation league received a severe head injury after being hit by an opponent. The helmet the injured player was wearing caved in on the side where his opponent's knee hit his helmet. The attorney hired by plaintiff and his parents alleged a strict liability claim against the helmet manufacturer and argued a negligence cause of action that the helmet was improperly designed. Which factor (s) might plaintiff's attorney present in his/her argument to win the case?

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Answers (1)

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Jaydan Stout · Answer 1

Feasibility of alternate designs for safer helmets

Common knowledge of the teen wearing the helmet

Obviousness of the danger

Explanation:

From the question,

As the young child was playing football, with all the safety gear, i. e., helmet, but during the match, as the opponent player hit on the helmet of the 13 year old, he suffered from sever injury on his head.

Hence, the factors the plaintiff's attorney present in his/her argument to win the case are -

Alternate design of the much safer helmet, so as to avoid such kind of situation.

The teens should be given proper guidance and method to wear the helmet, to fell safe and secure.