Embark Resistance Bands and Bollinger Resistance Band Injury
Our office has been investigating multiple claims for injuries sustained as a result of defective Embark Resistant Bands and Bollinger Resistant Bands. Specifically, we are investigating catastrophic skull fractures along with eye injuries resulting life altering injuries. If you or a family member suffered such an injury we would be interested hearing from you.
Liability for Embark or Bollinger Resistance Band Injuries
Generally a manufacturer will be liable for the injuries sustained by a consumer as a result of a defective product. In many cases you can argue strict products liability and or manufacturing defects. Each of these require an intense investigation of the mechanism which caused the injury. In other words you need to look at what made the product defective and whether that defect caused the ultimate injury.
Regardless of how the accident happen we feel that a manufacturer should be held accountable when they manufacture a defective product. Manufacturer who put a product in the stream of commerce and expose users or consumers to a defective product should be held responsible. This is particularly true if the manufacturer had knowledge, but failed to voluntarily recall the product. In such cases you are entitled to recovery for your injuries direct from the manufacturer of the product.
To determine case value you need to first have a good idea of the medical injuries sustained. Case value will almost always depend on how serious the injuries are. If the plaintiff or injured party has serious cognitive or physical injuries, they can recoup significant monetary damages. Additionally, another aspect of case value will depend on the manner, method or use of the product. If the manufacturer argues that the product was not used properly it can potentially limit your damages. That is why it is important to make sure that an attorney is involved and no comments are made to the manufacturer in regards to your case. Also, never provide or surrender the evidence and make sure it is kept in the same condition. Under no condition tamper with the product.
Treatment and Care for Injuries
If you have been injured make sure you seek immediate medical attention for your injuries as a result of a defective Embark or Bollinger Resistant Bands, it is imperative that you seek proper medical treatment. Generally we have seen two different types of injuries in the cases we are currently handling.
First, are the cases with head injuries. These are considered the most serious types of injuries, particularly if you have a skull fracture. Skull fractures can result in significant injuries most of which can be considered traumatic brain injuries. Brain injuries can result from a skull fracture and result in life altering changes. Generally we have noticed that the mechanism used to stop or hold the product in place can snap back. As a result this can turn into a deadly projectile, which can eject at great force causing significant injury and damage to the plaintiff. In such cases you will be entitled to significant recovery for your injuries.
Second, we have evaluated multiple claims involving traumatic eye injuries. Traumatic eye injuries are some of the most painful injuries resulting from these defective products. They can cause lifelong injuries, many of them which don’t heal. Such injuries can require long term care and can be permanent, without any hope for correction.
Potential Defenses Used by Manufacturers of Defective Resistant Bands
Manufacturers have used a number of different defenses in regards to disputing liability in such cases. In most cases these defenses are not sensible. Typically the insurance companies first defense will be that the product was not properly used. This defense is not valid. As evidenced by the information stated earlier, the cause of the defect has nothing to do with the use of the product, but with the design of the product. In fact most of the injuries we have seen arise from the appropriate use of the product, which can result in such injuries.
If you or a loved one has been injured while using a resistant band, please contact our office immediately for a free evaluation of your claim.