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HELMETS AND KIDS


HELMETS AND KIDS
by Steven M. Magas, Attorney At Law

 

The results of a recent Consumer Products Safety Commission study published in the February issue of Pediatrics magazine indicate that while more kids are wearing helmets, there are still an incredible number of bicycling deaths and injuries in this country each year. On average, some 300 children are killed as the result of bicycle accidents each year around the country. Typically, the total number of bicycle related deaths is between 900 and 1000. While this pales beside the number of kids killed in automobile related accident [5-10,000 teenagers per year], this is still a high number. Even more startling is that more than 400,000 kids are treated in emergency rooms for bike related injuries each year.

The CPSC reported some interesting and encouraging trends in helmet usage however. Kids between the ages of 5 and 14 have the highest bicycle injury rate and bicycle accidents are one of the leading causes of death in this age group. Most people agree that the use of a proper fitting helmet can prevent or reduce the likelihood of head injuries. According to CPSC Chairman Ann Brown, the CPSC survey indicates that children’s attitudes towards helmets are changing. Helmet use is up from earlier surveys in that 26% of children under the age of 15 owned or had use of a helmet, although only 15% wore the helmet most or all of the time. Helmet usage is highest among the youngest children [6 and under] and worst among 12-14 year olds. Believe it or not, this is a tremendous increase in usage. Studies from the 1980’s showed a 2-3% usage among kids under 15!

There are some lawsuits pending over bike helmets. In some, the plaintiffs argue that the helmets were improperly designed or failed to meet standards they were supposed to meet. In other cases, plaintiffs argue that they were ill advised as to how to wear the helmet and that they were not informed of the critical importance of a good, snug fit. A loose fitting helmet is of little benefit. Once a fall begins and the body starts its flight downward things that are attached snugly to the body begin to fall with it. However, things that are loosely attached tend to lag behind until they are literally dragged downward. [Think of a necklace flying up as you jump down a stair. It doesn't fly up, it's just lagging behind the rest of you!] A loose fitting helmet does the same thing, its fall lags behind the falling head and the head hits the ground before the helmet can catch up and protect it!

Helmet cases are rarely won and are tremendously difficult and expensive. The infamous Skidlid helmets generated some litigation. Cases involving injured bicyclists around the country who relied on Skidlids to protect them, and the publicity thereof, ultimately sent the maker out of the market entirely. Other cases have involved so-called soft shell helmets. These were found to be unable to withstand multiple impacts, often shattering after the first impact and leading to head trauma thereafter. Further, soft shell helmets tended to stick to the ground, rather than skip along like hard shell helmets. This tended to put a tremendous stress on the cyclist’s body which, obviously, keeps moving forward after the helmet stops or slows. Helmet fastening devices have also been the subject of products liability litigation around the country.

Helmet laws have recently come into vogue, especially for kids. Several communities and a few states have passed such creatures, although I am unaware of the results of any constitutional challenges. These laws typically impose a fine on parents who send their kids out on bikes without helmets. Some argue that such laws unfairly punish those who can’t afford helmets. Others would challenge the government’s right to tell us what sort of hats we are required to place on the heads of our children, arguing that adult motorists, who die in far greater numbers than children cyclists from head injuries each year, should also be required to wear helmets!

The bottom line: WEAR YOUR HELMET, MAKE YOUR KIDS WEAR HELMETS and MAKE SURE THE HELMET FITS PROPERLY!!

Happy Riding!!