The U.S. Consumer Product Safety Commission has issued information regarding the Nautilus Bowflex Home Gyms (see below). If you, or someone you know, has been injured as a result of this unit, please call the Law Office of Lowell Steiger to find out your rights. Injuries from the Nautilus Bowflex (or other defective products) fall under the category of Product Liability.
Can you sue if you're injured as a result of a defective product?
Yes. Injuries related to bad design or manufacture of a product fall into the product liability category. If an injury is sustained as a result of bad design or manufacture, then everyone in the chain of commerce (i.e., manufacturer, distributor, retailer) can be held liable for that injury or injuries. When you buy or use a product, it is reasonable to assume that the product will be safe when used for its intended purpose. It is also reasonable to assume that the product will warn you of any potential dangers. If the product is then unsafe for use or if you have not been warned of its potential dangers, and if an injury occurs, then you have the legal right to take everyone in the chain of commerce to task. Will they put up a defense? Yes. Are you guaranteed to prevail? No. However, an attorney experienced in the area of product liability will analyze the facts as they apply to the law and determine whether you have a viable case and proceed from there. Click here for other Product Liability posts
WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.
Name of product: Bowflex® Ultimate 2 Home Gyms
Units: About 78,000 (about 68,000 home gyms were recalled on December 6, 2007)
Importer: Nautilus Inc., of Vancouver, Wash.
Hazard: The home gym's horizontal seat rail is designed to be latched in a vertical position for storage. If the seat rail is not manually latched, it can fall unexpectedly on the user or a bystander, posing a risk of serious injury.
Incidents/Injuries: Nautilus has received 18 reports of injuries caused by unlatched seat rails that have fallen, resulting in head and shoulder lacerations, some requiring stitches or staples.
Description: This recall involves the Bowflex® Ultimate 2 Home Gyms. The home gyms are equipped with pulleys, resistance rods, and other equipment, which allow the user to perform a variety of exercises. “Bowflex Ultimate 2” is written on the vertical part of the frame.
Sold at: Specialty fitness retailers nationwide and through direct Nautilus sales from June 2005 through January 2009 for about $2,300.
Manufactured in: China
Remedy: Consumers may continue to use their home gyms for exercising, but should not place the seat rail in the vertical (storage) position until the repair is performed. Registered owners are being sent a free repair kit. Owners who have not received a repair kit by March 10, 2009 should contact the firm.
Firm’s Recall Hotline: (800) 259-9019 (8 a.m. to 5 p.m. PT M-F or www.bowflex.com )
CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908
If you, or someone you know, has been injured, please call me immediately at
(323) 852-1100 or send an e-mail to me at firstname.lastname@example.org
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