Did you know that just because a motorcycle helmet has a DOT sticker on it, it does not mean it has been tested by the government and that it may not be safe?

 

The National Highway and Transportation Safety Authority does not test helmets.  It relies on motorcycle helmet manufacturers to test and self-certify helmets intended for on-road use and then permanently affix a certification sticker to each helmet.  It then receives a random sampling of helmets which are sent out to an independent laboratory for verification that the helmets are in compliance.

 

One of my best friends suffered a head injury from a fraudulently placed DOT sticker on the back of a helmet.  Like many defective helmets, this one was made in China.  It was recalled, but only after my client was injured.  Fortunately, I was able to get him disability due to his inability to work, get his medical bills paid and resolve his claim against the American distributor of the Chinese-made helmet.

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Under the Products Liability Act, the helmet was defectively designed, manufactured and labeled, which are the three standards that a motorcycle helmet must meet for the manufacturer to legally put the DOT sticker on the helmet.  It took two and a half years to identify the helmet and the importer/distributor.  As the closest to the original manufacturer in the chain of distribution, the importer was strictly liable for the defects in the helmet that contributed to the client being sedated in a coma for 5 weeks due to swelling on the brain from the defective helmet.