Are you striving for a new year, new you for 2022? Make sure you don’t use any recalled products to complete your New Year’s resolution. Products are recalled for a reason – sometimes a fatal one. A prime example is the recently recalled Peloton Tread+ treadmill.
The Peloton Tread+ treadmill has caused severe injuries including broken bones, burns, spinal injuries, abrasions, brain injuries, blunt force trauma, fractures, damage to internal organs, amputations, and wrongful death. There have even been graphic videos of children and family pets being sucked under the machine.
The U.S. Consumer Product Safety Commission has issued warnings against using the Peloton after multiple incidents of adult, child, and pet injuries and a child death. As of October 2021, the CPSC is aware of more than 70 incidents involving the machine.
The company responded to the CPSC press release with the statement, “The Consumer Product Safety Commission’s unilateral press release about the Peloton Tread+ treadmill is inaccurate and misleading. The Tread+ is safe for members to use in their homes and comes with safety instructions and warnings to ensure its safe use.”
Despite the CPSC’s warnings, Peloton continued advertising that the expensive $4,295 Tread+ was safe for families to use. There was one particular advertisement that showed a small child near the treadmill while the parent was using it. Shannon Albright filed a lawsuit against Peloton in April of 2020 stating that this commercial implied to customers that the treadmill was safe to use around kids. Albright also argued that the warnings that come with the treadmill do not accurately explain that children and pets are “extremely susceptible” to being trapped under the tread.
The Danger
What made Peloton liable for the damages caused by their treadmill?
For a product to be legally considered defective, it must have a design flaw, lack appropriate warnings and instructions, or have a manufacturing flaw. In order to qualify for compensation, an injury, condition, or illness must have been caused by one of the above elements of negligence.
A manufacturing flaw refers to one individual product that was built incorrectly, but the rest of the line is just fine. A design flaw on the other hand, means that the product is inherently defective even when built correctly. Which element made the Tread+ so hazardous? In this case, the design of this fitness machine was flawed.
- The tread is exposed on the top and bottom of the machine.
- The exposed tread is high enough off the ground for a child or pet to crawl under.
- There are no censors beneath the tread to recognize when children or animals are there.
- There is a lack of effective shut-off mechanisms in case a child or pet is trapped under the tread.
Thankfully, the company issued a recall of the product less than a month after the CPSC issued their press release. Over 125,000 treadmills have been recalled, thousands of refunds have been sent, and several lawsuits have been filed against Peloton by consumers, and investors who were not informed of the risk that the product posed to children and pets.
To avoid gifting or using hazardous products, look up the product in question online. Many government websites compile lists of recently recalled medications, devices, food products, and more. Make sure you pay attention to recall dates and important information.
If you have been injured by the Peloton Tread+ treadmill or another defective product, you are entitled to compensation to cover your resulting medical bills, lost wages, and pain and suffering. Contact us today for free legal advice from a lawyer near you when you schedule your initial consultation.