In 2016, 50-year-old Colorado resident Victor Moreno was riding his motorcycle when he “overcooked a corner,” to quote his legal complaint. He took a spill and the resulting injuries have left him with permanent brain damage, along with a broken skull and lacerated scalp.
Moreno was wearing a helmet manufactured by Specialized Bicycle Components, a company based in Taiwan. Moreno has filed a $10 million product liability lawsuit against Specialized, alleging that the helmet did not serve its protective purpose.
When Moreno bought the helmet, he was assured that it met both public safety standards, as well as what Specialized calls its “more rigid criteria.” The complaint asserts that the testing methods used by Specialized couldn’t have met basic standards, much less the higher bar the company claims to hold itself to.
One reason is that the helmet does not include MIPs technology (Multi-directional Impact Protection). As of 2018, all Specialized Helmets have MIPs, but at the time of Moreno’s purchase, it wasn’t included in the lower-cost models. Hence, Moreno’s allegation that the product was “cheap instead of reasonably safe during common bicycle accidents.”
At this point, neither side is anxious for details about the case to come out and each side has asked the court for a protective order that would prevent any confidential trade information from being made public.
If the case does go to trial, a likely decisive factor will be just how common of an accident this was. If Moreno was biking at a responsible speed, his case will naturally be strengthened. It’s also likely to be explored whether he was aware of the risks that were associated with the lower-cost model—notably the lack of MIPs technology—when he made his purchase.
Of course, that presumes the case will make it to court and that Moreno and Specialized Bicycle Components won’t reach a prior settlement.