Health and fitness has been on the rise in popularity, and many people are taking steps to become their better and healthier selves. With the increase in working out and nutrition, the market for health and fitness products has also expanded. It is not uncommon these days to see advertising and promotions for unique fitness apparel, equipment, and high-end digital scales and gadgets that we even wear to track our progress. However, with the wider availability of products have come concerns for safety as well.
Under product liability law, companies and manufacturers have a legal duty to provide safe products to consumers. Under this legal duty they must inspect products for dangers and defects, remove dangerous or defective products from the marketplace, and warn consumers about known dangers. Where they fail to discover a danger that should have been found and a consumer is injured, the company can be held liable in a product liability lawsuit. A company cannot claim that they simply did not know about a danger because it is their duty to inspect, look for, and discover these dangers. To act otherwise is negligence, or “willful blindness.”
Other products can be dangerous unless handled properly and used with specific instructions. With these products, companies must adhere warning labels and instructions to the product so that users do not sustain injury from improper use. Common examples of products that come with warnings and instructions are foods that must be stored at certain temperatures and heated to proper temperatures before consumptions, appliances that get extremely and are potential burn hazards, and electronics.
A recent article by The New York Times reports that the popular Fitbit device is facing a safety inquiry. Fitibts are health and fitness devices, specifically activity-monitoring wristbands. Earlier this year consumers complained that the devices causes skin irritations. These complaints stemmed from the Fitbit Force, but now complaints are coming from another device called the Flex. Consumers have complained that the Flex has caused blisters, rashes, and other problems. The company had to take fast action to recall the Force; it had 20 days to withdraw the product from the market after alerting that there was a safety issue with the device. They are also facing legal action from consumers who have claimed injuries from the product.
Now, the Consumer Product Safety Commission will soon be conducting an investigation into these products. As of now, the commission is unsure whether this will result in a complete recall or whether additional safety warning should have been included with the product, such as warning users about the risk of nickel exposure and wearing the device too tightly.
However, product liability does not just include electronic devices. This area of the law also covers dangerous and defective medical devices, machinery, medicine, foods, vehicles, household products, clothing, toys, and appliances. Our attorneys take pride in representing clients to not only bring them justice for the danger they were put in and injury they suffered, but to use lawsuits to permanently remove such dangerous products from the market and raise standards of safety. If you or someone you love has been harmed by a product, you may be able to obtain compensation for your injuries through a lawsuit. Call us for a free consultation, and we would be happy to speak with you about your legal options.