Products Liability Law Reporter

Manuel Arias bought a Speed and Strength SS700 Full Face Helmet through Amazon.com. Approximately 14 months later, while wearing the motorcycle helmet, he was involved in a collision with a motor vehicle. He was thrown off his motorcycle and hit his head on the pavement, suffering fatal injuries. He is survived by his minor daughter, among other family members.

The daughter, through a guardian, sued Thomas Johnson and TJ’s Cycle Sales & Service, which sold the helmet, alleging negligence, gross negligence, strict products liability, breach of the implied warranties of merchantability and fitness for a particular purpose, fraudulent misrepresentation, willful misconduct, and wrongful death. The plaintiff asserted that the helmet was defectively designed in that it failed to prevent a wearer from suffering serious injuries and death and that the defendant had failed to warn consumers that the helmet would not protect against head trauma. Additionally, suit alleged that the helmet’s name, Speed and Strength, had misrepresented to consumers its ability to withstand high speeds and protect consumers from injury.

The defendant brought third-party claims against Tucker Rocky Distributing and Parker Synergies.
The plaintiff reached a settlement with the defendant and third-party defendants for $125,000.

Citation: Arellano v. Johnson, No. 2:19-cv-08521-FMO-PLA (C.D. Cal. July 30, 2020).

Plaintiff counsel: Ronald Yoosefian, Glendale, Calif.