On October 4, 2019, Fit for Life issued a recall for the SPRI Ultra Heavy Resistance Bands. According to the recall (recall number 20-005), about 95,000 units of the resistance bands are affected by the recall. Specifically, the recalled resistance bands pose an injury risk to consumers; the rubber resistance bands can suddenly separate from the handles and strike consumers.
The recalled resistance bands are black with nylon webbing. The handles are printed with SPRI and the following numbers: KN08/18, KN09/18 or KN10/18. The model number – 02-71669 – is printed on the packaging of the product (the bottom of the packaging).
The defective resistance bands were sold from August 2018 to July 2019 for approximately $10 each; the resistance bands were exclusive to Wal-Mart, available both in store and online.
The recall states that the company has received at least 10 reports of incidents in which consumers suffered contusions, abrasions, as well as lacerations. The company is urging consumers to immediately stop using the defective resistance bands and contact them for a refund or a free replacement.
However, you could get more than a refund or a replacement if you suffered harm as a direct result of a defective product. You can actually pursue a claim and recover monetary compensation. Instead of following the recommendations set out by the recall, it is essential that you seek legal assistance – depending on the details of your claim, you might have grounds to pursue a claim against the company.
If you would like to learn more about your right to sue Fit for Life after suffering harm associated with their defective resistance bands, do not hesitate to contact the experts at Normandie Law Firm. Normandie Law Firm is a personal injury law firm with many years of experience handling many sorts of claims, including product liability claims (which arise from the harm caused by defective products). Our lawyers have many years of experience representing clients and helping them to recover the compensation that they deserve. If you are ready to discuss your situation with the lawyers at our firm, do not hesitate to contact us immediately.
The Risk Associated with the Defective Product
The defective product could cause abrasions, contusions, and lacerations. Unfortunately, these are injuries that are often disregarded. However, abrasions, contusions, and lacerations could prove to be significant. They could cause a lot of pain and result in medical expenses. Abrasions, contusions, and lacerations are much more than just minor injuries. They are considered blunt force injuries. A contusion (or a bruise) represents a hemorrhage into the skin or into the tissues under the skin (or both). It can result from an impact that crushes soft tissue and ruptures blood vessels without breaking the skin. An abrasion occurs when the impact scrapes the skin and removes the superficial lawyers of the skin. Abrasions usually do not bleed (although abrasions could appear to be bleeding due to the removal of the superficial layers of the skin). Lacerations result from actual tears into the skin (the severity of laceration depends on both the force and direction of the force).
In addition to these injuries which many might consider minor, it is also possible for victims to suffer ocular injuries – eye injuries. Compared to other parts of the human body, our eyes are probably among the most sensitive. If the rubber resistance bands suddenly separate from the handle, the handle can projectile towards the face, specifically towards the eyes. Any force to the eye could result in significant harm, such as the following: corneal abrasions, eye swelling from forceful impact, subconjunctival hemorrhage, traumatic iritis, and hyphemas/orbital blowout fractures, for example. These ocular injuries could be very dangerous and result in significant, sometimes permanent damage.
Regardless of the specific harm that you suffered, you should never allow the harm that you suffered to be taken lightly.
Is Fit for Life Liable for the harm suffered?
Is Fit for Life liable for the harm that you suffered because of their defective resistance bands? All companies have the duty to ensure that their products are safe for consumer use. When companies fail to keep their products safe, they create the risk of injury for their consumers. As soon as a failure to keep products safe results in consumer harm, companies can be found negligent and liable.
Liability is based on negligence; negligence consists of a duty of care, a breach of duty, cause, and harm. For example, all companies have a duty to make safe products available for consumers. To do so, they must ensure that their products are inspected and tested at different points – this allows them to identify and address any possible hazards present in their products prior to making the products available for purchase. When companies fail to identify and address hazards present in the design, labeling, and manufacturing of their products, they put their consumers at risk of injury. This risk could lead to harm.
If the harm suffered can be directly attributed to a company’s breach of duty (the failure to identify or address a hazard present in their product), the company could be held accountable. What does this mean? This means that you will likely have grounds to pursue a claim against the company that negligently contributed to the harm that you suffered. For more information about product liability and your right to pursue a claim, do not hesitate to contact our law firm today.
Following the Appropriate Steps
If you were harmed by the defective resistance bands sold by Fit for Life, you might have grounds to pursue a claim. Because of the nature of product liability claims, there are very specific steps that affected parties must follow to preserve their right to take legal action against the company that negligently caused their harm.
Some of the steps that you should follow are listed below:
- Take photos of all injuries suffered
- Seek medical attention for all injuries
- Take photos of the defective product (the defect should be clear)
- Do not tamper with the defective product in any way or try to repair the defective product
- Contact the company to report the product defect and the harm that you suffered
- Do not accept a free repair, a free replacement, or a full or partial refund
- Do not agree to return the defective product to the company
- Gather all purchase records
- Gather all medical records
- Gather witness information (if there were any witnesses to the incident with the defective product)
- Seek legal assistance as soon as possible
When you follow the recommended steps above, you are essentially preparing to file your claim and reach a successful outcome. Although there is no guarantee regarding the outcome of your claim, you can be certain that following the recommended steps above will ensure that you have a more thorough understanding of the legal process. You can also be certain that our lawyers will guide you every step of the way. If you would like to learn more about what you should do after being harmed by a defective product, do not hesitate to contact our law firm today.
Understand the Statute of Limitation
You might be interested in pursuing a claim and fighting for the right to recover compensation for the harm that you suffered; however, you could lose the right to sue altogether if you fail to take legal action within the appropriate length of time. All claims are subject to a statute of limitations. A statute of limitations determines the specific length of time that all claimants have to file their claims – it establishes a deadline.
In California, product liability claims are generally subject to a two-year statute of limitations, meaning that claimants will only have two years to file their claims. If claimants fail to file their claims within the appropriate length of time, they will lose their right to sue – and their right to receive compensation.
Although the statute of limitations establishes a strict timeline to file, exceptions could apply. Certain exceptions could result in the applicable statute of limitations being tolled or paused, resulting in the deadline being extended. To ensure that you have a thorough understanding of the statute of limitations that applies to your claim, do not hesitate to seek legal assistance as soon as possible – our lawyers are ready to provide you with all the information that you need to ensure that you file your claim on time.
You Could Recover Compensation
If your defective product claim reaches a successful outcome, you could be eligible to recover at least some sort of compensation for the harm that you suffered. The specific type and amount of compensation that you could be eligible to recover will always be based on the specific details of your claim (in general, the more severe the harm suffered the higher amount of compensation available for recovery).
Some of the compensation available for recovery could include the following:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of consortium
- Property damage
- Punitive damages
If you are ready to fight for your right to recover the highest amount of compensation available for your claim, do not hesitate to contact us immediately. Our lawyers are ready to evaluate your claim and aggressively fight for your right to recover the maximum amount of compensation available. To learn more about the type and amount of compensation that you could receive, do not hesitate to contact our firm today.
Contact Normandie Law Firm Today
If you were injured because of the defective SPRI Ultra Heavy Resistance Bands negligently made available by Fit for Life, it is important that you take legal action at your earliest convenience. The harm that you suffered could have been avoided if the company had efficiently exercised their duty of care. At Normandie Law Firm, we believe that companies that negligently contribute to the harm that their consumers suffer should always be held accountable. When you allow our experts to handle your claim, you can be certain that you will have access to the guidance that you need to reach a successful claim outcome.
Our firm is dedicated to ensuring that all victims of defective products have access to the representation that they need to take legal action against the companies that negligently contributed to their harm. Specifically, our firm offers free legal services to ensure that all parties have access to the legal representation that they need to take action after being harmed by a defective product. Specifically, our firm offers free consultations and free second opinions. These free legal services allow our clients to have access to the legal representation that they need to take legal action. During our free legal services, our attorneys will be available to answer all your questions and address all your concerns ensuring that you have access to all the information that you need to pursue your claim – and eventually reach a successful claim outcome. If you would like to schedule a free consultation or a free second opinion, do not hesitate to contact our firm immediately. Our lawyers are ready to provide you with all the information that you need to pursue your claim against Fit for Life.
Our free legal services are available as part of a Zero-Fee guarantee. Specifically, our Zero-Fee guarantee ensures that our claimants never have to worry about paying any upfront fees for any of our legal services. Our firm is also based on a strict contingency structure, meaning that our clients will never be required to pay any legal fees for any of our legal services until after reaching a successful claim outcome. If you would like to discuss your claim with our experts and learn more about your right to pursue a claim, do not hesitate to contact our law firm at your earliest convenience.
