DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.
Our client was out riding her bicycle, when she fell from her bike. She was knocked unconscious in the fall. There were no eyewitnesses to the fall, and our client had no memory of the accident and could not explain how or why she fell. She had recently purchased a new bicycle helmet due to the fact that her old helmet was too big and would slide up past her forehead when she would ride. She had gone to a bike shop and specifically asked for help in picking out a helmet that would fit properly since she was concerned about the poor fit of her prior helmet. A clerk suggested to her that she purchase a certain make, model and size helmet, which she did.
We were able to establish in this case that the helmet that the clerk selected for her was too big, and that when she fell from her bike, the helmet rotated on her head, exposing the side of her head to direct impact with the road surface.
This was an extremely challenging case due to the fact that there were no witnesses to the accident, and it was extremely difficult to recreate the actual dynamics of the fall. There were also issues with regard to how the straps were adjusted at the time of the accident, and whether the straps had been loosened between the purchase of the helmet and the date of the accident.
We were able to settle this case on a confidential basis prior to trial.
Awarded: Confidential
