West Virginia U.S. Senator Jay Rockefeller’s involvement in youth sports communities and activities has lead him to promote and sponsor new federal legislation that will change the safety standards in sports equipment for young people. San Francisco personal injury attorney James Bergener firmly believes this is a step in the right direction.
The bill is called “The Youth Sports Concussion Act” and technically it requires the Consumer Product Safety Commission to analyze studies that have been done on concussions amongst children and teenagers. They can follow up by directly enforcing new rules for manufacturing on sports gear or wait for companies to make the changes internally. Equally as important, it gives the FTC the power to draft rules that strictly penalize false safety claims made to consumers.
This is an important talking point for the bill, since many proponents believe that extremely unfounded claims are being made by companies that make protective gear. Companies are misleading parents about the effectiveness of these products, and leading them to believe that they can prevent concussions.
Rockefeller has held public discussions with experts to speak on the subject of the dangers and frequency of head injuries amongst youth athletes, and a dialogue is taking place between major players in these markets about steps needed to safeguard the youth.
Most reports, along with Rockefeller himself, have stated that more than two dozen major organizations including the NBA, NFL, and NHL. have supported the Youth Sports Concussion Act by endorsing it, and more can be sure to follow.
While there is certainly an assumption of risk that is associated with sporting activities and events, but it’s an altogether different matter when businesses are knowingly making claims about the safety, effectiveness, and durability of a product. To suggest that helmets can withstand a certain amount of force, or that they will reduce the chance of concussion by a certain percentage requires evidence to establish it as fact. Otherwise, suits for product liability can be filed against the companies.
At Bergener Mirejovsky, our product liability lawyers have dealt with numerous cases involved companies that were negligent or breached a warranty. When someone is hurt or injured because of the negligence of a company, the first thing you need to do after seeking medical attention is consult with an experienced attorney. Bergener Mirejovsky lawyers represent clients all over California, including cities in Orange County, Los Angeles County, San Diego County, and San Francisco.
If you have any questions about what you can do after an accident or injury, call us today for completely free and confidential consultation at 1-800-881-2021.