Cybex, a Minnesota-based company has recalled its Smith Press, a piece of weightlifting equipment that loads plates and allows the user to work out at gyms. The model number is 5340 and it was manufactured between 1989 and 1993. Further, model number 5341 was also recalled, which was an updated version of the Smith Press; it was manufactured between 1993 and 2009.
Each model has a weight bar and latch pins that allow the different weights to be used. The machine is used for upper body, lower body, and full body exercises. The bar was included with the machine; any weight plates were sold separately, and do not have to be manufactured by Cybex to be compatible with the machine.
The weight bar can fall thanks to problems with the latch pins. This is extremely dangerous, as the bar may fall under excessive weight while doing such intense exercises as squats, deadlifts, front squats, and more. To date, there have been 27 reports of injuries, including paralysis and fractured spines. It is recommended to stop using the equipment immediately and until further action is taken in the form of a repair or a replacement. Choosing to continue using the product can result in additional injuries, such as broken bones, sprains, crushing injuries, neck damage, rib and chest plate damage, and much more.
The Smith Press was sold for between $1,000 and $3,400 from Cybex’s direct sales representatives. The items were sold to fitness facilities and gyms. Users and owners of the Smith Press should contact Cybex for one of two options: a refund for the value of the equipment or a repair of the defect.
Product Liability Details
Product liability lawsuits can be filed on a number of grounds. If you were injured by a product, you can likely take action against the company if they had a hand in making the product unsafe. If you tampered with the product or used it in a way that was not intended, you may not be able to receive any compensation. You can file a claim if:
- A design defect caused the item to malfunction in some way. This design defect was present when the item was being created or outlined and the issue was not addressed by anyone before it was manufactured.
- A manufacturing defect occurred during the creation process, which made the item faulty or defective in some way. A machine could have broken and led to the items being faulty, yet they were shipped out regardless.
- There were no warning or hazard labels present on the equipment or the packaging that the equipment came in. As a result, there may not have been any indication that injuries could happen in such a manner.
The defect on the Cybex machine was likely caused by poor design choices. To speak with a lawyer about your options, contact Normandie Law Firm today.
What to Do if You Were Hurt
Injuries from a faulty product can be severe, especially one that is as large and cumbersome as a Smith Machine. The added pounds from weights can make the risk even higher. If you were injured, you should follow these steps to ensure that you will be protected and have evidence for your lawsuit.
- You should not return the item to the manufacturer under any circumstances. It is the most crucial piece of evidence you have. However, if the equipment is owned by the gym, the owner may try to get rid of it. If so, you should take pictures of it and have clear photographs or videos of the defect in action.
- Do not tamper with the product or try to fix it yourself. In doing so, you could ruin the chances of receiving compensation, as the company will state that there is no way of knowing what caused the defect.
- Seek medical attention as quickly as possible after being injured. If there is a long gap between your injury and your claim, the company could state that you were hurt elsewhere and that you are trying to blame your injuries on the accident.
- You need to have a receipt or proof of purchase if you owned the equipment at home, or you must be able to show that you were a member of the gym in which you were injured. You could have a credit card statement or monthly bill to show the latter.
- Hire a skilled lawyer who can help you with your claim.
Earnings from a Product Liability Lawsuit
Our expert attorneys at Normandie Law Firm can help you receive the maximum settlement available for injuries suffered thanks to a defective product. We will make sure that you are treated fairly by the insurance agency and that all your debts are covered. We will strive to bring you:
- Medical expenses from the past and future
- Property damage
- Lost wages at work from the past and future
- Pain and suffering damages
Why Hire an Attorney
One of the primary reasons to hire an attorney is due to the lack of knowledge or experience you may have with a product liability lawsuit. It can be difficult to take action if you don’t know the first place to start or if you have never handled a claim before. Further, you may be too injured to deal with everything that comes with a lawsuit.
It is best if you leave the legal process to an expert lawyer. We will be able to file your documents on time (product liability lawsuits must be filed within 2 years of the injury) and negotiate the fairest settlement from the insurance company. We will also keep you updated throughout the case and tell you the status and what we plan to do next.
Normandie: The Right Choice
Our team of experienced attorneys at Normandie Law Firm in Los Angeles can help you with your lawsuit against Cybex. We have taken care of product liability claims for years and our clients have constantly been awarded with hundreds of thousands of dollars in restitution. We do not take no for an answer when it comes to dealing with insurance agencies and we will relentlessly and aggressively pursue the compensation you deserve.
Contact our offices today to schedule a free legal consultation with a skilled lawyer. We’ll happily tell you what we believe your case is worth and we’ll answer any questions you have about the legal process. If you wish to hire us, we’ll also give you our zero fee guarantee, which promises that you won’t touch your own savings to pay for our services. We’ll only get paid if we win, and we’ll cover the fees with a portion of the settlement we win for you, so Cybex will be responsible for covering your legal bills.
Don’t wait – get in touch with Normandie Law Firm today to start your Cybex Smith Press lawsuit today.
