This post contains some basic information about skateboard product liability in California and the laws involved with riding skateboards. Skateboard laws are a general regulation for the locals and can change at any time so please make sure to consult with a professional near you for the most recent updates. Many US states enacted legislation that limits the liability of government entities and their employees for skateboard injuries. Recently, skateboarding in California was classified as a “hazardous recreational activity,” and as a result, it is more difficult to win lawsuits against the government for injuries suffered on public property.
In California, local authorities have the ability to adopt their own skateboarding laws. According to California Vehicle Code Section, 21212, skateboarders under the age of 18 must wear federally approved helmets. Riders 18 years old and older are allowed to ride without wearing helmets, though this can result in comparative fault for injuries in a personal injury case. In most cities, it is legal for skateboarders to ride on the bikeways, streets, and public bicycle paths as long as they avoid business districts and ride non-motorized skateboards.
There are the following rules to operate an electric skateboard in California:
There are three basic types of skateboard product liability claims:
Design defect creates a predictable risk of harm which could have been reduced or avoided by another reasonable design. In California law, a product is considered defectively designed if it fails the “consumer expectation test.” This means that the product must be as safe as a consumer would expect it to be when using it reasonably. Another way of having a product fall into it being a defect is when the product's harm outweighs its design in the first place.
Manufacturing defect takes place when a product departs from its intended design, even though all possible care could have been taken in the product’s manufacture and promotion.
In California, a person injured by a defective product has a right to sue anyone in the chain of production and supply, from the manufacturer through the retailer. A wholesaler or distributor can also be at risk regardless of his actual responsibility for the product’s defect. Thus, skateboard retailers and manufacturers can all be responsible for defective skateboards.
Would you like to file a product liability lawsuit in California? Our product liability lawyers at KAASS Law can look into your situation, and provide you with a free consultation. Get in touch with us now at 310-943-1171.