Melinda Avery, an all-American High School lacrosse player, filed a lawsuit against Performance Sports Group LTD, after sustaining head injuries as a result of a defectively designed lacrosse helmet. Avery, the star goalie of her high school lacrosse team, was struck in the head by a lacrosse ball in April, 2014, while wearing a “Cascade Model R helmet.” In her complaint, Avery argues that the helmet failed to meet the minimum safety guidelines imposed by the National Operating Committee on Standards for Athletic Equipment when these helmets were placed in the stream of commerce. Even though Performance Sports say the helmets were in compliance with the standards set by NOCSAE, the complaint states that the organization voided its safety certification in November 2014, when an independent investigation revealed safety flaws in the helmet.
In December, 2014, prior to Avery’s injury, Performance Sports faced a class action lawsuit, where the plaintiffs alleged that the Cascade helmet was marketed as complying with NOCSAE safety standards for lacrosse helmets when, in reality, they did not comply. (Hemberger et al v. Performance Sports Group, Ltd. and Cascade Lacrosse, Case No. 14-cv-6981, E. D. PA.). A Connecticut federal judge approved a settlement in which Performance Sports will provide vouchers between $10 and $20 to eligible buyers, provide vouchers to certified members of the class action suit, and pay $350,000 in legal fees.
While Avery seeks both compensatory and punitive damages for Performance Sports’ alleged design defects, manufacturing defects, failure to warn about the risks of the products, and breach of warranty, she may have trouble establishing Performance Sports’ liability. The plaintiffs (consumers) in the class action suit were eager for their settlement’s approval because the complex legal questions of the case and the difficulty of proving the alleged misconduct created a substantial risk that they would be unable to show Performance Sports’ liability. If Performance Sports is able to avoid liability because of the complex questions of law and the difficulty of proof, Avery may be left without a remedy, as a voucher and/ or new helmet will not cure her head injuries or compensate her for past and future medical bills. Furthermore, future athletes — whether professional, high school, or college athletes — may have difficulty obtaining relief in similar circumstances, if manufactures/ sellers of sporting safety gear are shielded from liability.