Riddell has posted a new warning label on the back of its new Riddell 360 helmet that reads: “NO HELMET CAN PREVENT SERIOUS HEAD OR NECK INJURIES… contact in football may result in CONCUSSION BRAIN INJURY which no helmet can prevent. Symptoms include: loss of consciousness or memory, dizziness, headache, nausea, or confusion. If you have symptoms, immediately stop playing and report them to your coach, trainer, and parents. Do not return to a game or practice until all symptoms are gone and you have received MEDICAL CLEARANCE. Ignoring this warning may lead to another and more serious or fatal brain injury.
This new warning label is in response to recent litigation against Riddell by retired NFL players who allege that football manufacturers failed to properly protect them against long term concussion risk and lied about the company’s ability to reduce head trauma. The new sticker is an attempt by Riddell to provide better information to their consumers.
Will this new sticker be used against Riddell in the current litigation as an admission of fault? Not likely according to attorneys since subsequent remedial measures are not allowed to be introduced into evidence under Rule 407 of Federal Rules Of Evidence.
It’s interesting that the warning did not specifically mention the risks of brain injury from cumulative sub concussive impacts (AKA Chronic Traumatic Encephalopathy or CTE) which is as big a concern as brain injury from concussions.
Source: Darren Heitner, Wolfe Law Miami, P.A.
What do you think?
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