B
Bleve
Guest
Graeme Dods wrote:
> >
> > Exactly. I wouldn't want to be them if someone crashes, gets
> > a head injury while wearing a non-approved helmet, and decides to sue
> > them.
>
> Have you ever read any of the blurb that comes out of helmet manufacturers?
> Not even the manufacturers claim it will prevent head injury in the event
> of a crash. All they ever have on their web sites are "cool feature",
> "sporty looks" etc (their "in box" blurb is even more clear, usually "if
> you hurt your head when wearing this, don't come crying to us" type stuff).
> That way they're pretty much in the clear when it comes to claims against
> them, and by extension, anyone mandating their use who also do not make
> such protective claims. Any sporting body could mandate the wearing of a
> frilly pink tutu, but if they make no claims for its effects (implied or
> otherwise) then nobody can say it didn't do what it was meant to do.
>
> However, if said sporting body says, "wear your helmet to protect from head
> injuries", they're on more dubious ground.
The point would be that if the organisers say you can use a
non-approved helmet, and someone crashes, and gets a head
injury (manufacturers claims notwithstanding) then I'd
say they (the crashee) would probably be able to make life
difficult for the organisers. Not that they'd be in the
"right", but they may be able to make a case. Slater & Gordon
would take a punt on it ... if there isn't precedent for it
already.
> >
> > Exactly. I wouldn't want to be them if someone crashes, gets
> > a head injury while wearing a non-approved helmet, and decides to sue
> > them.
>
> Have you ever read any of the blurb that comes out of helmet manufacturers?
> Not even the manufacturers claim it will prevent head injury in the event
> of a crash. All they ever have on their web sites are "cool feature",
> "sporty looks" etc (their "in box" blurb is even more clear, usually "if
> you hurt your head when wearing this, don't come crying to us" type stuff).
> That way they're pretty much in the clear when it comes to claims against
> them, and by extension, anyone mandating their use who also do not make
> such protective claims. Any sporting body could mandate the wearing of a
> frilly pink tutu, but if they make no claims for its effects (implied or
> otherwise) then nobody can say it didn't do what it was meant to do.
>
> However, if said sporting body says, "wear your helmet to protect from head
> injuries", they're on more dubious ground.
The point would be that if the organisers say you can use a
non-approved helmet, and someone crashes, and gets a head
injury (manufacturers claims notwithstanding) then I'd
say they (the crashee) would probably be able to make life
difficult for the organisers. Not that they'd be in the
"right", but they may be able to make a case. Slater & Gordon
would take a punt on it ... if there isn't precedent for it
already.