Pennsylvania – March 18, 2021

After COVID-19 impacted the availability of gym use by members, at-home exercise equipment became increasingly popular and Peloton’s bikes and treadmills use skyrocketed.  Two reports of dangers to children occurred this year when one child was injured and another died.  Personal injury attorneys in Pittsburgh are instrumental in damage recovery resulting from harmful losses caused by manufactured product defects.  After a child was killed by a Peloton Tread+ fitness machine, the company CEO asked customers to secure their machines away from small children, or others who could inadvertently injure themselves with the improper use of their exercise machines.  The equipment comes with a safety key which should be removed when it is not in use to protect children and pets from harm.

Personal injury action.

When injuries, damages, or wrongful death occur as a result of a defective product in Pennsylvania, an experienced personal injury attorney can help with a claim for compensation in a tort action, based on the assignment of responsibility.  Victims should speak with an accident attorney as they have a right to file a civil lawsuit against any wrongdoing, or negligence.  When individuals are harmed by defective products, manufacturers, or sellers can have actions taken against them within two years of the injury.

Wrongful death damages.

When wrongful death occurs due to negligence, or product defects, economic and non-economic damages may be recovered.  In certain cases punitive damages may also be awarded.  Common damage expenses include:

  • Medical bills
  • Current and future compensation losses
  • Pain and suffering
  • Loss of care, companionship
  • Estate administration expenses
  • Funeral expenses when wrongful death occurs

Product defect.

A product is considered defective if it is poses unreasonable dangers to individuals who purchase and utilize it in accordance with user guidelines.  A product can be unreasonably dangerous because of a manufacturing defect, design defect, or marketing defect including failure to warn of dangers, or insufficient instructions regarding the use of a product. The statute of limitations to file a lawsuit for injury from a defective product is 2 years from the date of the injury.  Additionally, Pennsylvania utilizes the discovery rule, which arises when an injured party does not immediately discover the injury, and in those cases the clock begins to run when the injured party discovers, or should have discovered, that the defective product caused the injury.

Seek legal counsel.

Produce defect cases can be complex, requiring involved research, so it is wise to contact an experienced accident attorney at Scanlon & Wojton, LLC, who can exercise their best legal practices to ensure a positive fiscal result after the loss of a loved one, or to address other product-related personal injury harms.

Scanlon & Wojton, Attorneys at Law

The Mitchell Building
304 Ross Street, Suite 510
Pittsburgh, Pa 15219

Phone:  (412) 918-1241

Fax: (412) 235-7275

 

Sources:

https://www.bloomberg.com/news/articles/2021-03-18/peloton-ceo-says-accident-with-treadmill-led-to-death-of-child

Peloton CEO warns parents after Tread+ machine kills child (yahoo.com)

https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42&div=0&chpt=55&sctn=24&subsctn=0

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.071.002.000..HTM

https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42&div=0&chpt=83&sctn=1&subsctn=0

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