Man blames injuries in motorcycle accident on helmet manufacturer

Kelly Holleran Apr. 29, 2013, 4:21pm

A man has filed suit against the manufacturers of a helmet, saying the helmet did not adequately protect him during a motorcycle crash.  

Robert Piker claims he was wearing a helmet while riding his motorcycle at Cowboy Badlands MX Park on Aug. 27, 2011. However, the helmet failed to protect him when he was involved in an accident at the park, according to the complaint filed April 15 in Jefferson County District Court.

Because of the incident, Piker incurred medical costs, experienced physical pain and mental anguish, lost his income and his wage earning capacity and suffered physical impairment, the suit states.

In his complaint, Piker names the companies responsible for manufacturing, designing, assembling, distributing or selling the helmet as defendants, saying they knew that the helmet was defectively designed and threatened the wellbeing of its users. However, they failed to warn users of the dangers associated with the helmet, the complaint says.

Helmet defendants include HJC America, HJC Corp., Hong Jin Crown Corp., Hong Jin Crown America, Lemans Corp., Parts Unlimited, Thor MX and Thor MotoCross and BTO Sports.

In addition to the helmet manufacturers, Piker names Cowboy Badlands MX Park as a defendant, saying it negligently failed to exercise reasonable care to protect its premises, failed to discover dangerous conditions, failed to fix the dangerous conditions and failed to properly maintain its premises.

In his complaint, Piker is seeking exemplary damages, plus pre- and post-judgment interest, costs, attorneys’ fees and other relief the court deems just.

Chris M. Portner and J. Trenton Bond of Portner Bond in Beaumont and Anthony Malley III of Malley Law Firm in Beaumont will be representing him.

The case has been assigned to Judge Milton Shuffield, 136th District Court.

Case No. D194-242

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