On August 27, 2020, the Consumer Product Safety Commission (CPSC) issues a warning relating to the Morpher flat-folding bicycle helmets. According to the recall, recall number 20-771, the bicycle helmets fail to comply with the federal safety standards for bicycle helmets; therefore, the helmets represent a risk of head injuries to consumers. The recall affects approximately 8,500 products.
The Morpher flat-folding bicycle helmets are exclusively involved in the recall. The helmets were available in one size – which fit a head circumference ranging from 53 cm to 58 cm (or 20.5 to 22.8 inches). The affected helmets were available in the following colors (both solid and dotted): yellow, white, silver, black, gray, and red (in both gloss and matte finishes). The Morpher name and logo is printed on both sides of the helmet; the logo is also printed on the back of the helmet. The recalled helmets were sold with a storage bag.
The recalled flat-folding bicycle helmets were sold online via Amazon.com,, MorpherHelmet.com, and CyclingSafetyGear.com for approximately $150 each; they were available for purchase from April 2017 through November 2019.
According to the recall, no incidents or injuries have been reported associated with the defective helmet.
Because the company has gone out of business since the release of the defective product, they are unable to conduct the recall. The CPSC is urging all affected consumers to immediate stop the use of the recalled helmets and to dispose of them (as to prevent them from being used in the future). Morpher as well as Amazon are contacting known purchasers of the defective product directly.
Were you or a member of your family harmed as a result of the defective flat-folding bicycle helmets? If so, you might have grounds to sue based on the concept of product liability. If you are interested in learning more about your right to sue for the harm that you or a member of your family suffered as a direct result of the defective product, do not hesitate to seek legal assistance with the experts at our firm as soon as possible.
At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims, including product liability claims. You can trust that the experts at our firm will provide you with the guidance that you need to hold the negligent company accountable for the harm that you or a member of your family suffered. Are you ready to learn more about your right to sue? If so, contact the knowledgeable defective product attorneys at our firm as soon as possible.
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The Risk of Head Injury Due to the Defective Product
Anyone who rides a bicycle, even if they have been riding bicycles for many years, can potentially suffer a bicycle accident. Bicycle incidents are often disregarded as minor incidents; however, these incidents can be severe based on the speed the bicyclist was traveling, the terrain on which the bicyclist was traveling, and many other details. Although bicycle accidents can result in scrapes, bruises, sprains, strains, and fractures, for instance, one of the more serious injuries that bicyclists can suffer consists of head injuries; because of that, bicyclists are supposed to wear helmets.
When a bicyclist suffers an incident that results in a head injury, the injury can be typically associated with either failing to wear a helmet or failing to wear a helmet correctly. Although injuries stemming from these situations can be attributed to the personal choices made by bicyclists, that is not always the case. Sometimes, the injuries are caused by defective helmets. Bicyclists wrongly believe that they are protected; however, the defective helmets fail to provide the protection necessary to prevent serious head injuries.
Understanding the Concept of Product Liability
Did you or a member of your family suffer harm associated with the defective helmets? If so, you might have grounds to sue – specifically, you might have grounds to sue based on the concept of product liability. Based on product liability, companies owe their consumers a duty of care. That is, companies have the duty to ensure that their products are completely safe for their consumers to use. They must test and inspect their products before making them available to the public. This allows companies to both identify and address any hazards or dangerous conditions present in their products before they are released to the public. Although companies have this duty of care towards their consumers, they can breach their duty of care and fail to ensure that their products are safe for consumers to use. The breach of duty can contribute to incidents, which can harm consumers. When consumers suffer harm as a direct result of the defective products (which represent a breached duty of care), consumers could sue. In other words, the companies that breach their duty of care towards consumers and contribute to incidents can be held liable.
Are you interested in learning more about your right to sue based on the concept of product liability? If so, do not hesitate to seek legal assistance with the experts at our firm as soon as possible. Our product liability lawyers are ready to evaluate your current situation and help you understand your right to sue based on the concept of product liability.
Could You Sue?
Do you have the right to pursue a product liability claim? As mentioned above, you might have the right to sue based on the concept of product liability. However, the company – Morpher – has gone out of business. Could you sue a company that is no longer in businesses? In California (based on California Corporations Code Section 2010), corporations that have been dissolved will continue “to exist for the purpose of…prosecuting and defending actions by or against it.” This means that Californian corporations can be sued even after they have closed down. Could you sue Morpher? Unfortunately, Morpher is not a Californian corporation; therefore, the above would not apply. Your best option is to speak to an experienced lawyer to learn more about whether you could pursue a claim.
As mentioned above, the defective products were available online; the defective product was sold via Amazon.com. Due to recent changes in legislation, Amazon – which facilitates consumer access to third-party sellers and products – can be held accountable for the harm resulting from products sold through their platform. If you are interested in learning more about your right to sue Amazon, do not hesitate to seek the experts at our firm today.
What Should You Do?
If you or a member of your family suffered harm associated with a defective product, there are a number of things that you should do to prepare to pursue a claim. After being harmed by a defective product, you should follow the steps listed below:
- Seek medical care as soon as possible
- Take photos of all physical injuries sustained in the incident
- Take photos of the defective product
- Take photos of the entire scene of the incident
- Contact the company to report the incident and the harm suffered
- Do not agree to a free replacement
- Do not agree to a free repair
- Do not agree to a refund
- Do not agree to return the defective product
- Do not agree to dispose of the defective product
- Speak to any witnesses and collect their contact information
- Gather all relevant medical records
- Gather any records associated with lost income due to the incident
- Gather any records associated with the purchase of the defective product
- Seek legal assistance as soon as possible
If you would like to learn more about the specific steps that you should follow after you or a member of your family suffered harm associated with a defective product, do not hesitate to seek legal assistance with the experts at our firm as soon as possible. Our product liability lawyers are ready to guide you every step of the way.
The Possibility of Recovering Compensation
If your product liability claim is successful, you could be eligible to recover compensation for the harm that you or a member of your family suffered. Based on the details surrounding your situation, you could be eligible to recover compensation for some of the following:
- Medical expenses
- Lost earnings
- Pain and suffering
- Loss of consortium
- Funeral and burial costs
- Punitive damages
The type and amount of compensation that you could be eligible to receive will depend strictly on the details surrounding your claim; therefore, the best thing you could do is seek the expertise of a product liability lawyer to learn more about what you could recover. The experts at our firm are ready to provide you with the guidance that you need to recover the highest amount of compensation available for your claim.
The Statute of Limitations
In California, product liability claims are normally subject to a two-year statute of limitations. Therefore, claimants only have two years to pursue their claims. If claims are not filed within the two-year deadline, claimants could lose their right to sue. However, exceptions could apply, which could toll or pause the applicable timeline. To ensure that you have a thorough understanding of the statute of limitations that applies to your claim, contact the experts at our firm immediately.
Contact Normandie Law Firm Today
Did you or a member of your family suffer head injuries associated with the recalled flat-folding bicycle helmets? If so, you should discuss your current situation with the experts at our firm at your earliest convenience. Normandie Law Firm is a personal injury law firm with many years of experience handling all sorts of claims, including product liability claims. The product liability lawyers at our firm are ready to evaluate your situation and provide you with the guidance necessary to pursue your product liability claim – and recover the compensation that you are owed. For more information about your right to sue, do not hesitate to seek legal assistance with the experts at our firm immediately.
At Normandie Law Firm, our product liability lawyers are ready to provide you with the guidance necessary to reach a successful claim outcome. Our firm offers free legal services, which includes free consultations as well as free second opinions. When you contact our firm and request to schedule either a free consultation or free second opinion, you can trust that you will have access to all the information necessary to reach a successful outcome; our lawyers will answer all your questions and address all your concerns to ensure that you can pursue your claim. Would you like to benefit from our free legal services? If so, contact our firm today.
Our firm offers a Zero-Fee guarantee, which ensures that our clients will never be required to pay any upfront legal fees for any of our legal services. Our firm is also strictly based on a contingency structure; therefore, our clients will not be required to pay anything until after reaching a positive claim outcome; if you do not win, you will not be required to pay anything for any of our legal services.
Are you ready to discuss your claim with the product liability experts at our firm? If so, contact us today.
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