Children are going to get hurt; they may even break a bone or need stitches when using sports equipment. Most of the time, the fault lies with the child. He or she may lose coordination, fall, or be mess around in a dangerous manner. Sometimes, the accident is due to a problem with a piece of equipment. When this happens, you have the right to expect the manufacturer, or assembling company, to pay for any medical expenses. However, before you call a lawyer to settle the case, there are 4 things you are going to need to prove to receive the compensation your child deserves.
Injury and Losses
There are going to be times when there is some type of accident that results in no injury or monetary loss. For example, the pedal on your child's bike breaks off, but he or she manages to stop the bike and get off safely. Even though the problem is with a weak pedal, since there was no injury, you have no reason to sue the company. If, however, while struggling to stop and get off safely, a pair of glasses are broken, you could try to receive compensation for the broken glasses. Of course, you need to decide if the price of a new pair of eyeglasses is going to be worth hiring a lawyer. If the child was unable to stop, even if only out of fear, and fell, breaking an arm or leg, then you have a legitimate reason for a defective product injury case.
Defective Product
In the same situation, with a broken leg as the result of the fall, you need to prove that the pedal or pedal assembly was defective. Your lawyer will have a bike expert go over the pedal and assembly, looking for the reason it broke off. If it can be proved that there was a problem in its design or the materials, you can proceed with the case. If the problem was that the pedal was not put on correctly, you will have to seek damages from the company that assembled the bike instead of the manufacturer.
Injury was Caused by the Defect
Once you can prove the product is defective, you must prove that it was this defect that caused the injury. Using the same example, if your child was able to stop the bike, but then fell because a shoelace was stuck on the opposite pedal, you cannot say the defect caused the injury. You will only have a case if the injury happened because your child fell only because the pedal broke.
The Product was Being Used Properly
If your child was hot wheeling, standing on the pedals and jumping, or was leaned over so the pedal was hitting the ground, the bike was not being used the way it was intended. He or she is at fault. However, if the pedal broke off as he or she was simply riding down the street calmly, then there is a problem with the bike and you should be compensated.
Depending on the severity of the injury, and how well you can prove the above four points, you can expect to be compensated for any medical expenses and for pain and suffering. Do not expect it to be easy though, and it may take a few years before the case is settled. For more information, contact the Law Offices Of J. Michael Koch, P.S. Inc. or a similar firm.
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