Imagine this: a computer with 100 billion neurons with roughly 1 quadrillion—yes, you heard us right—connections known as synapses wiring these cells together. Hearing numbers like that, one might think we’re talking about some state-of-the-art government-owned supercomputer that no member of the public could ever see in person, let alone own. Fortunately, while we are talking about a supercomputer, you don’t have to be a government official with top-secret clearance to see or own it. The supercomputer we’re talking about sits squarely between your shoulders and has been with you from the day you were born. We’re of course talking about your brain.

The brain is widely accepted as the most important organ in your body. It controls and coordinates actions and reactions, allows you to think and feel, and enables you to have memories and feelings. Considering the importance of the brain, it’s only natural that we do whatever we can to protect it. That’s where helmets come in. Whenever we’re doing anything where our skulls are vulnerable, we count helmets to protect our brains from damage. But when helmets crack, break, split, crush, aren’t properly tested or certified, or are otherwise defective, the damage done to your brain can be catastrophic.

Sadly, millions of unsuspecting consumers buy helmets from Amazon, Walmart, Costco, and other “trusted” retailers without realizing that the helmet they bought is not properly certified, or is destined to break when actually put to the test. Defective helmets are everywhere and unfortunately, by the time you realize the helmet you bought to protect your brain is nothing more than a glorified shell, the damage to your brain has already been done.

When companies sell defective helmets and consumers get injured, SOS Injury Lawyers steps in to help.

Is It Illegal to Ride a Motorcycle or Bicycle Without a Helmet?

Whether it is illegal to cycle or ride a motorcycle without a helmet varies from state to state. In Nevada for example, cyclists, regardless of age, are not required to wear helmets when they ride. Motorcyclists, moped riders, and their passengers on the other hand are required to wear helmets. Regardless of legality however, wearing a helmet is one of the best ways to protect your head during a collision or accident, and is highly recommended.

Types of Helmets

Football helmets, hockey helmets, bicycle helmets, snowboarding helmets, motorcycle helmets. The list of potentially defective helmets goes on and on. But, even within certain sports and activities, there are types of helmets that offer more protection than others. Take a look at motorcycle helmets for instance. There are full face helmets, half face helmets (aka a three-quarter helmet), modular helmets (full face helmets that flip up into half face helmets), half helmets, and motocross helmets.

Of course, the more of your face a helmet covers, the greater protection it’s going to provide to your face, skull, and brain. That said, just because you’re wearing a half helmet doesn’t mean the helmet is not held to strict standards meant to provide the consumer with protection. When a company allows a defective helmet to be sold on the market, and that defective helmet causes injury, the company must be held accountable.

How Long Are Motorcycle Helmets Good For/Do Motorcycle Helmets Expire?

While there generally isn’t an actual expiration date on motorcycle helmets, the general consensus is that motorcycle helmets should be replaced 5 years after purchase. The more you ride, the more your helmet is going to be exposed to sweat, the sun, and other factors that can gradually degrade the condition of your helmet. Also, if you buy a helmet made of cheap materials (especially cheap chin straps and cheap inner padding), these materials may deteriorate relatively quickly, further shortening the motorcycle helmet’s lifespan.

Do some people use their motorcycle helmets for more than 5 years? Sure. Do we recommend it? Not if you truly care about your brain.

When Should I Replace My Helmet?

From a legal and safety standpoint, it is vitally important to ensure that the helmet you’re wearing is in good condition. While a helmet may look like it’s in good condition, it could have hairline cracks on the interior shell that can cause the helmet to split/be ineffective if you’re involved in a collision. Even if the helmet looks fine on the outside, the structural integrity of the helmet may have been compromised. That’s why you must replace your motorcycle helmet after a crash. Same goes for bicycle helmets.

Legally speaking, if your helmet should have been replaced but was not, the company who sold the helmet may try to argue that the helmet was materially altered from its original state, and therefore was not defective at the time it was sold. This could be detrimental to a potential product defect claim.

Below are some situations where you should replace your helmet. That said, DO NOT throw out or continue to use your original helmet if you have any reason to believe it is defective—it could be valuable evidence in your future product defect lawsuit. 

• Was your motorcycle helmet involved in a crash? Replace it immediately.
• Did you drop your helmet? Replace it immediately.
• Is your helmet more than 5 years old? Keep it as a cool relic, but get a new helmet for actual use.
• Does it lack proper certification (DOT, CPSC, ASTM, Snell etc.)? Replace it immediately.
• Does it not fit snugly on your head? Replace it immediately.

Common Helmet Malfunctions and Defects

Some of the more common helmet defects include:

• Improper cracking or splitting upon impact
• Lack of impact-resistant material
• Buckles and straps that are damaged or defective
• Insufficient padding on the inside of the helmet or a weak shell on the outside
• Improper design that allows the helmet to slip off the head during impact
• Inadequate warnings
• Failure to comply with safety standards and testing

If a Helmet Fails to Properly Protect Against Injury, the Manufacturer and Retailer May be Liable for the Resulting Damages

Generally, any company involved in manufacturing and distributing a defective product is potentially liable for injuries caused by the defective product. That means if you purchased a bicycle or motorcycle helmet at Walmart and you were injured because of a defect in the helmet, you could potentially bring a lawsuit against Walmart and the helmet manufacturer.

While sellers and manufacturers are the most common defendants, that does not mean they are the only possible defendants. Each situation is unique and depending on the circumstances, there may be many more hidden defendants who are potentially liable for your injuries. Speak with an experienced attorney to confirm that you haven’t overlooked additional potential defendants who may be responsible for your injuries.

Determining Liability When a Helmet Is Defective

While every state’s laws are different, to prove a strict product defect claim under Nevada law, the plaintiff must establish that:

1. The defect existed at the time the product left the manufacturer;
2. The defect made the product unreasonably dangerous; and
3. The defect caused injuries or damages

Proving that a product is unreasonably dangerous often requires experts and product testing, both of which demand significant case funding and knowledge regarding which experts to rely on and which tests to perform. Whoever you retain as your attorney, make sure they have a strong knowledge of which experts to rely on, and how to guide the strategy of your case in a manner that conserves valuable resources. 

Get Help from Our Nevada, California, Arizona, and Utah Helmet Defect Lawyers

Product defect claims are complicated by their very nature. If you’ve been hurt by a helmet that was defective or malfunctioned in some way, it is vital that you reach out to a knowledgeable lawyer as soon as you can. Failure to file a lawsuit by certain deadlines (i.e. the “statute of limitations”) can result in you giving up your claim forever.

Whether you’re in Las Vegas, Los Angeles, Salt Lake City, Phoenix, or anywhere else in the country, we’re standing by and ready to assist you with your case. Our law firm focuses on product liability cases and our lawyers are ready to talk with you about your unique situation. We’ll provide a free review of your case, and will inform you about your legal options and the best way to pursue a potential claim. If you believe a helmet may be defective, and that defect caused injury or death to you or your loved ones, call us now for a free case evaluation.