Miami Personal Injury Lawyer Blog
Most manufacturers would take immediate action after their defective products attract the attention of the federal government, especially after several fatal and injury-causing accidents. However, the makers of Peloton treadmills took the unusual step of defying officials until recently. The US Consumer Product Safety Commission (CPSC) issued its first urgent warning regarding the company’s Tread and Tread+ models on April 17, 2021; Peloton initially refused to voluntarily recall the defective products, and only did so a month later after intense negative publicity.
The recall is crucial for preventing additional accidents, but the harm is already done for those who suffered injuries from defective Peloton treadmills. Victims may have a claim against any company that manufacturers dangerous products, and a Miami products liability attorney can explain in more detail. However, some additional information about the recent CPSC action may be helpful.
Details of the Peloton Recall
The first indication of problems with two Peloton treadmill models came in March 2021, when the company released news of a child’s death after being pulled into the machine. When the CPSC issued its warning a month later, a total of 39 incidents had been reported. Some points to note about the Peloton recall include:
- The action covers approximately 125,000 Peloton Tread+ models, as well as a small number of Peloton Tread units.
- Owners of either treadmill are warned to discontinue use if they have small children or pets in the home, as they can be entrapped, pinned, and pulled into the rear roller.
- Injuries caused by the Peloton treadmills include second- and third-degree abrasions, lacerations, and broken bones. The child who was killed by a treadmill was six years old.
- The Peloton treadmills are not just dangerous when not running, since the rear roller can be locked. The bigger threat is when an adult is using the model and children are underfoot.
Legal Relief for Injured Victims
Anyone hurt by the defective Peloton machines may have legal options, but it is important to understand the role that a recall plays in these claims. Your rights are not guaranteed simply because the manufacturer, CPSC, or both issued a recall.
Instead, you need to prove the elements of a defective products claim. These cases are based upon strict liability, so you do not need evidence that the manufacturer was negligent. You must show that you were hurt by a product that was unreasonably dangerous because:
- There was a design defect;
- An error was made in manufacturing; or,
- The company failed to warn about inherent hazards.
Learn More by Consulting With a Miami Dangerous Products Lawyer
This information should be useful if you were affected by the Peloton recall, but the overview of products liability laws in Florida is also important for victims injured by any defective item. For more information about your rights, please contact Gerson & Schwartz, PA to set up a no-cost case review. We can meet with you at our offices in Miami, Fort Lauderdale, and West Palm Beach, FL. After assessing your circumstances, we can discuss your legal options.
