Two Million Recalls from Peloton
Peloton is back in the news, and not in a good way. Not long ago the company was compelled to recall exercise bikes because children and pets were being pulled into the rotating track, resulting in injuries and deaths. Now additional problems have forced a larger recall.
What’s the Problem?
There is a hazard associated with the seat post in Model PL01, which has broken during use and led to injuries to unsuspecting operators. According to Peloton there have been several instances of the seat post detaching from the machine during use, which led to bruises, lacerations, and even a fractured wrist in one instance. Though the company is offering free replacement seat posts that customers can install at home, some wonder if that is sufficient for someone who has suffered injuries already?
Personal Injury Lawsuit Based on Negligence
When people suffer harm due to the negligence of a huge company like Peloton, they may be entitled to damages through a personal injury lawsuit. The concept of negligence is a complex legal term that denotes the lack of reasonable care taken by one party, leading to the injury of another party. Successfully winning such a suit requires the plaintiff’s attorney to prove the following:
- The defendant had a duty to protect the plaintiff;
- There was a breach of that duty;
- Injury occurred to the plaintiff;
- The proximate cause of plaintiff’s injury was the defendant’s action (or lack thereof).
Once negligence is established, the plaintiff may be granted damages, or financial compensation, to address the harm caused by the defendant. In addition to covering medical expenses, it could include money to cover lost wages, emotional pain, and more.
Florida considers the degree of fault a plaintiff contributed to any accident. What that means is that if the plaintiff in any way contributed to the accident, the amount of the award could be reduced. So if you had four people sitting on the Peloton seat and that’s part of the reason it broke, for instance, you’d probably be out of luck in getting full compensation from Peloton.
Assumption of Risk
Defendants may use a claim of assumption of risk as a courtroom defense in personal injury lawsuits. Basically it means that you, as the plaintiff, knew the risks involved and chose to go forward with the activity anyway. This is not likely to apply in a case like the Pelton injuries; it’s more likely to be put forward if you get injured while rock climbing or something like that.
Statute of Limitations
Filing a lawsuit does have time limits, however, known as the statute of limitations. In general in cases such as the Peloton negligence, that means you have four years from the date of the injury to file.
Fighting for our Clients
When corporations make inadequately designed or shoddily produced products, they put consumers at risk. Whether it’s Peloton or another corporation that has negligently caused injury to you, the diligent Kissimmee personal injury attorneys at the office of Salazar & Kelly Law Group can help. Schedule a confidential consultation today and discover how we can team up to fight for the compensation you deserve.