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I took my Garmin Vivosport off. In fact, I’m done with it.

Yes, the Garmin Vivosport can still record information, and if you recharge on a computer, you can sync the information. However, that is not what a fitness tracker is made for.

As it sits back on my desk, my Vivosport is a brick. A $200 brick actually a $169.99 brick if you go to the Garmin Vivosport website. I rounded up……

I flew to a different time zone. I landed and missed my first meetings because I did not realize my Vivosport did not automatically update. I did make happy hour!

I spent 20 minutes getting the date changed. I have four watches at home; it would have taken 20 seconds to change the date on them. I normally change the time when the plan leaves the runway. I’m ready when I walk down the gangway to be where I need to be when I need to be. I got use to my fitness trackers updating the time.

Upon arriving home, I quickly changed the Vivosport back to the right date.

I then synched my Vivosport, and it fixed the date automatically, there went 35 minutes of frustration, but then I did not pay to have a watch only be correct when it is hooked to a machine.

I took it off. It is plugged into my desk, still with the wrong date on it; it did not update for daylight saving’s time. If I sync it, it probably will. However, there is no reason to sync it.

The Garmin Vivosport is not my first fitness tracker. I had a Fitbit for 20 months. However, it literally fell off my wrist. The band where it connected to the Fitbit just disintegrated. Fitbit still works, but there was nothing I could do to put it back on my arm. Hence, the reason why I purchased the Garmin Vivosport. Never had a Garmin product fall apart, so it had to be better.

Fitbit for $100 for 20 months. Garmin Vivosport for four months for $200. Not thinking I made the right move.

Synching a fitness tracker is like watching a friend’s vacation photos, not videos, photos! At best, it is a history that I no longer recognize or know about. I know I’ve been there done that it’s just too late; it no longer has interest 2-4 days later.

What it is not doing, what I paid the money for it to do, is tell me in real time what I am doing, or not doing. Yes, it still comes on and says to move, but how much? What I have I done today, how long have I been sitting, how much more do I need to do? Is today a good day or a bad day, do I need to change some things around to catch up? My working Vivosport answered a lot of questions that I enjoyed and wanted to know. Now, it answers nothing. It provides no information without the manual and smaller fingers to help you learn how to find it.

I’m spoiled. I like a screen that I got to know that said to get off your butt and do something. It also told me how much of that something I needed to do.

I’m going to start working to send it back. It might be a hurdle, but between persistence and my law degree, I’ll get my money back. When I do, I’ll tell you how I got it done so you can get your money back also.

Unless you like your paperweight.

Update on my Garmin 1000

Keeping it plugged into a computer all the time, catching the occasional update also does not work. It just doesn’t seem to like it. When I check to see if it is charged and up to date, Garmin Express can’t find it, and the Edge 1000 needs to be turned off, reset or restarted.

So now it sits on my desk, with me hoping to remember to plug it in before in enough time to top off the charge and catch any updates.

Both situations seem to need software fixes. The Velosport I can understand dealing with Verizon, I don’t like Verizon either half the time. The Edge, I don’t understand why they can’t fix that issue. I know Garmin knows about it.

What do you think? Leave a comment.

Copyright 2018 Recreation Law (720) 334 8529

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By Recreation Law    Rec-law@recreation-law.com    James H. Moss

#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer,

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Louis Garneau Recalls Bicycle Helmets Due to Risk of Head Injury

Hazard: The bicycle helmets do not comply with the impact requirements of the federal safety standard for bicycle helmets, posing a risk of head injury.

Remedy: Replace. Consumers should immediately stop using the recalled helmets and contact Louis Garneau for instructions on how to receive a free replacement helmet.

Consumer Contact: Louis Garneau at 800-448-1984 from 8 a.m. to 6 p.m. ET Monday through Friday or online at http://www.garneau.com/us/en/ and click on “Recall Notice” at the bottom of the page for more information.

Photos available at: https://www.cpsc.gov/Recalls/2018/Louis-Garneau-Recalls-Bicycle-Helmets-Due-to-Risk-of-Head-Injury

Units: About 650 in the U.S. (In addition, about 550 were sold in Canada.)

Description: This recall involves Louis Garneau Course Helmets with model number LG1261 printed on the inside of the helmet. “Garneau,” “Course” and “LG” are printed on both sides of the recalled bicycle helmets. They were sold in matte black and matte fluo yellow. The manufacturer’s date and serial number are printed on a sticker inside the helmet.

Only lot and serial numbers listed below are included in the recall.

Helmet Lot/ Manufacturer’s Date/ Serial Number Range available here: https://www.cpsc.gov/Recalls/2018/Louis-Garneau-Recalls-Bicycle-Helmets-Due-to-Risk-of-Head-Injury

Incidents/Injuries: None reported

Sold At: Authorized bicycle dealers nationwide from December 2015 through January 2018 for between $180 and $240.

Importer: Louis Garneau USA Inc., of Derby, Vt.

Manufacturer: Strategic Sports Limited, of China

Manufactured in: China

Retailers: If you are a retailer of a recalled product you have a duty to notify your customers of a recall. If you can, email your clients or include the recall information in your next marketing communication to your clients. Post any Recall Poster at your stores and contact the manufacturer to determine how you will handle any recalls.

For more information on this see:

For Retailers

Recalls Call for Retailer Action

A recall leads to lawsuits because injuries are connected to the product being recalled thus a lawsuit. Plaintiff’s hope the three can be connected

Combination of a Products Liability statute, an Expert Witness Report that was just not direct enough and odd facts holds a retailer liable as manufacture for product defect.

Product Liability takes a different turn. You must pay attention, just not rely on the CPSC.

Retailer has no duty to fit or instruct on fitting bicycle helmet

Summary Judgment granted for bicycle manufacturer and retailer on a breach of warranty and product liability claim.

For Manufacturers

The legal relationship created between manufactures and US consumers

A recall leads to lawsuits because injuries are connected to the product being recalled thus a lawsuit. Plaintiff’s hope the three can be connected

Combination of a Products Liability statute, an Expert Witness Report that was just not direct enough and odd facts holds a retailer liable as manufacture for product defect.

What do you think? Leave a comment.

If you like this let your friends know or post it on FB, Twitter or LinkedIn

Author: Outdoor Recreation Insurance, Risk Management and Law

To Purchase Go Here:

Copyright 2018 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog:
www.recreation-law.com

Mobile Site: http://m.recreation-law.com

By Recreation Law    Rec-law@recreation-law.com    James H. Moss

#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Recall, CPSC, Consumer Product Safety Council,



We are getting closer; New Helmet from 6D is pretty amazing and adds the most protections for head injuries of any helmet on the market.

Still no third-party testing to confirm any statements made by any helmet manufacturer; however, from my view, the engineer looks solid. It is the helmet I would wear. 6D Helmets does post testing from NIST (U.S. Commerce Department’s National Institute of Standards and Technology).

The 6D Helmet was tested by Dynamic Research, located in Torrance, California, again a rare occurrence to identify the testing lab that developed the data, lending more credibility to the data.

Summary

6D Helmets evolved from motorcycle helmets so the company’s background is solid. However, the forces on the head and brain in a motorcycle crash are quite different from those of a cycling crash. 6D seems to have taken this into consideration in the design of its cycling helmets. 6D refers to all the directions that the brain can be subject to impact including rotational.

6D Helmets advertises its helmets can deal with Low, Mid, and High-Velocity impacts with its designs. Low speed impacts have been the major issue in current ASTM helmet standards because under that standard, there is not enough pressure to crack the helmet, therefore, no dissipation. Basically, the EPS density used in helmets is too high to affect low-speed crashes.

There is also an argument that the venting in cycling helmets increases the issue because the engineering for the venting increases the issues the EPS can deal with, increases the EPS density to sustain an impact.

One of the big issues with EPS helmets is after a crash, determining if the EPS is intact and is the helmet still viable. 6D Helmets‘ mountain-bike helmet as a removable liner so you can inspect the EPS to determine if it has been compromised.

The information on the website contains a ton of testing information, and as stated above, testing from U.S. Commerce Department’s National Institute of Standards and Technology (NIST). The testing of the 6D Helmets is done against other unnamed helmets.

How I found out about 6D Helmets was a press release where they announced they had received a $250,000 grant as one of the finalists for a helmet competition. 6D Helmets won the competition.

The challenge was for an “Energy Management Material Solution.” Over 125 companies applied, and only 5 were chosen as finalists and awarded $250k to work further. One winner. The other companies were never disclosed.

However, that announcement that 6D Helmets won the competition listed the research lab doing the testing Dynamic Research, as a co-winner of the competition.

There is a lot of engineering, a lot of data and the classic website charts on the 6D Helmets website. I’ve looked it over and if true, it means another leap forward in helmet technology for human-powered recreation. You should read the information and study it for yourself as I’m not an engineer, and I could be wrong. I don’t think so……, but I could be.

Currently, 6D Helmets has helmets available for downhill and trail cycling. However, they hope to expand into ski soon and other sports also.

So?

I’m going to get one. I’m still going to wear my Bern Hard Hat (See A new idea that makes sense in helmets: the Bern Hard Hat), which is no longer produced I’ve been told, while skiing, if I wear a helmet. I believe that the Bern Hard Hat, like the 6D Helmet does a better job of protecting against concussions, the real issue with any head injury.

No helmet is going to keep you alive if you crash hard. Internal bleeding, a torn ascending aorta, is probably how you are going to die, no matter what is on your head. However, these helmets extend the protection from tree branch hits to maybe protecting your brain from a concussion.

What do you think? Leave a comment.

To Comment Click on the Heading and go to the bottom of the page.

Copyright 2017 Recreation Law (720) 334 8529

If you like this let your friends know or post it on FB, Twitter or LinkedIn

    

If you are interested in having me write your release, fill out this Information Form and Contract and send it to me.

Author: Outdoor Recreation Insurance, Risk Management and Law

To Purchase Go Here:

Facebook Page: Outdoor Recreation & Adventure Travel Law

Email: Rec-law@recreation-law.com

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog:
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Mobile Site: http://m.recreation-law.com

By Recreation Law    Rec-law@recreation-law.com    James H. Moss

#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, 6D Helmets, Helmets, Concussions, Technology,



I love Garmin Products; I really can get annoyed at Garmin.

January 20, 2018

I went for a bike ride today. I knew immediately that since my last ride @Garmin had updated my Garmin Edge 1000. Garmin of course would never tell you this. Heaven forbid Garmin could communicate anything.

No, I learned when nothing was synched. No heart rate, no cadence, no speed, I just had one big blank screen.

I really knew it had been updated when I stopped the tracking, went into sensors and tried to have the sensors’ sync with my Edge 1000. Well wouldn’t you know it the update worked so well it froze my Edge 1000. In the past, I’ve thought about carrying instructions with me on how to unfreeze my Edge 1000 because it happens so often, but I don’t. So, I finished my ride looking at a blank screen.

So, I had a great bicycle ride. Not sure how long I went, where I went, what my heart rate was, what my cadence was, if my heart rate changed with my cadence or hills, all those things, you spend $800 to know.

The last time this happened this bad was in June of 2017. The updates basically froze my Edge 1000 for a couple of weeks. Garmin never said anything, never admitted there was a problem, just kept putting out updates and screwing things up. I was able to confirm that Garmin knew about it later talking to a tech rep.

I write this looking at my Garmin Vivosport. It is sitting here on my desk, not on my wrist because it is dead. Not quite 60 days old and some update to either the Vivosport, my android phone or Verizon killed it. 87 minutes on the phone last night with a very nice Garmin tech, who eventually gave up, after waiting for a call back for over an hour.

Last night, was not my first night talking to #GarminSupport about my #Vivosport. Out of the box, it would not work. That was three hours total waiting and then talking to tech support just to get it to work the first time.

So less than sixty days old and I’ve got close to FIVE HOURS with Garmin Tech support for a $200.00 Garmin product.

So, two Garmin products on my desk, over a Thousand Dollars retail and neither of them are doing anything like Garmin advertised nor what I paid for. Bricks are a lot cheaper if I need a paperweight, and I doubt I’ll have a desire to throw the brick out the window.

I started counting how many Garmin Products I own now or have purchased for family members, and how many I have owned.

Currently, I own.

Edge 1000

Vivosport

Vivo something for girlfriend

Garmin Car Navigation (dad)

Delta Sport XC (Dog collars (2))

Golf device (nephew)

Garmin Edge 350

This Edge 1000 is my 5th Garmin cycling computer.

And honestly, I can’t remember what else I’ve owned. But that is a lot of Garmin products, too many to put up with this crap.

What do I want?

I want Garmin to tell me when they are updating my devices. That way, I know I can’t just grab them and go. I know I’ll have to wait for the update and grab my Garmin Sheets and spend an hour getting ready to go.

My Garmin sheets are a spreadsheet of what I want on m Edge 1000 for my various bikes: 2 road bikes and two mountain bikes. There is a lot of information to put back in after an update. Garmin says their updates don’t affect my information, but that is a load of crap. My Garmin sheets are four years old and get used at least once or twice a year. I use them so much I have a name for them!

You would think I would ask that the updates don’t turn my Edge 1000 into a just out of the box nightmare. However, I don’t think that will ever happen. They tell you that so much they must believe it. Sometimes you have to be realistic on what you hope for. I have a better chance of winning Powerball than Garmin updating a product and not screwing it up.

I want the updates to work. Not fry my Edge 1000 or make my Vivosport a paperweight. I never know why the updates are needed. I just don’t need them turning my devices in projects or paperweights.

I want a survey at the end of my two-hour phone calls with tech support to be something other than platitudes. Have you ever taken that survey? All it does is make you tell Garmin how great they are. Last night I hung up after the fifth question. The answers Garmin was going to get would only reinforce the marketing department egos, so they could do the same the higher ups. It was not going to provide relevant information about how bad the tech support really is. People on the phone are great, last night the tech person was extremely apologetic he could not get my device to work. But my vivosport still does not work.

I want my Garmin Products to work!

I wrote this article January 20, 2018. I contacted Garmin, I’ve tweeted Garmin and was told I never contacted Garmin. Then I was asked to supply my email address which I did.

January 26, 2018

So at the @OutdoorRetailer Tradeshow I mentioned this article. I also shared it with an employee of Garmin. Yesterday I received an email and a tweet from Garmin. The tweet clarified that my statement I contacted Garmin said Saturday and it was actually Friday when I was on the phone with them. That office I was on the phone with was closed Saturday so they were confused. My fault!

@Garmin did not have a booth at the Outdoor Retailer Tradeshow. Bad move. I always learn a lot at the tradeshows about my products and now that I know there is tons more to learn, I’ll probably show up with products in hand and questions to ask.

February 6, 2018

The email was followed up by a pretty high level person in the Garmin program who went through my issues. I learned a lot. All of which is not in any Garmin manual or on the Garmin website.

  1. Instead of charging my Edge 1000 on a charger, I should charge it on my computer. That way updates won’t be a problem in the future if I check on Garmin Connect right before I disconnect the Garmin. In the Upper Right Corner there is a little watch. If there is a blue dot, an update is available. If you have the app Garmin Express, a blue dot on your product in Garmin Express also means you have updates.

    1. There are a crap load of updates.
  2. My Vivosport is not really a brick. It can still record activity and will store it for a long time, I just can’t see it on my phone or Garmin Connect. Garmin Connect on my phone has a software issue with Verizon (my carrier) and the Vivosport. I’m not on a list to be notified when that changes. (I was told previously I was on a list…..)

    1. So now when I charge my VivoSport I charge it connected to my computer. I use Garmin Express and it updates the VivoSport and downloads the information.
  3. The people I’ve been on the phone with have always been extremely polite and worked hard to solve my problems. The person(s) tweeting can get testy.  🙂  But I suspect I can push them a little harder on twitter.

Are the problems solved? No. Do I feel better. Yes.  Do I have workarounds to my issues. I think but not all.

I still don’t know what I’m doing with my Vivosport during the day. Every 3 or 4 days when I charge it I can see what I did, but that is worthless. I could carry my Edge 1000 or Edge 350 and accomplish a lot more.  The purpose of a VivoSport is to learn throughout your day how and why and then change.  3-4 days later doesn’t help. So technically my VivoSport works, but actually, it is still a brick. I wear it on my arm because I don’t really have any paper to hold down.

Are the engineers who seem to run Garmin going to communicate more or better? I doubt it. If you are not an engineer or have hours to spend just clicking things you’ll never learn enough on how your Garmin products, Garmin Express or Garmin Connect work.

Thanks to the un-named employees who probably leaked my article upline. Thanks to the people who called and spent hours on the phone with my trying to help.

But the problems still exist. Garmin communicates like we are all engineers and only when pressed. I’m not an engineer. I also don’t have time to contact Garmin and spend almost 10 hours on the phone for a $200 product.  I have it on again and someday I hope to see what it says.

Still love my Garmin Products. But Garmin, as a company selling to consumers you suck…..still.

What do you think? Leave a comment.

To Comment Click on the Heading and go to the bottom of the page.

Copyright 2018 Recreation Law (720) 334 8529

If you like this let your friends know or post it on FB, Twitter or LinkedIn

    

If you are interested in having me write your release, fill out this Information Form and Contract and send it to me.

Author: Outdoor Recreation Insurance, Risk Management and Law

To Purchase Go Here:

Facebook Page: Outdoor Recreation & Adventure Travel Law

Email: Rec-law@recreation-law.com

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog:
www.recreation-law.com

Mobile Site: http://m.recreation-law.com

By Recreation Law    Rec-law@recreation-law.com    James H. Moss

#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, #Garmin, @Garmin, #Vivosport, #GarminSupport, #GarminTechSupport, Garmin Support, Garmin Tech Support, Garmin Edge, Garmin Edge 1000, #GarminEdge, #GarminEdge1000,



Pacific Cycle Recalls Infant Bicycle Helmets Due to Choking and Magnet Ingestion Hazards; Sold Exclusively at Target

Infant bicycle helmets with magnetic no-pinch buckle chin straps

http://www.cpsc.gov/en/Recalls/2016/Pacific-Cycle-Recalls-Infant-Bicycle-Helmets/

Recall Summary

Name of Product: Infant bicycle helmets with magnetic no-pinch buckle chin straps

Hazard: The magnetic buckle on the helmet’s chin strap contains small plastic covers and magnets that can come loose, posing a risk of choking and magnet ingestion to young children.

Remedy: Replace

Consumers should immediately take the helmets away from children and contact Pacific Cycle for instructions on how to receive a free replacement helmet.

Consumer Contact: Pacific Cycle toll-free at 877-564-2261 from 8 a.m. to 5 p.m. CST Monday through Friday, email customerservice@pacific-cycle.com or online at http://www.schwinnbikes.com and click on “Support” then “Safety & Recalls” or http://www.target.com and click on “Product Recall” for more information.

Recall Details

Photos Available At http://www.cpsc.gov/en/Recalls/2016/Pacific-Cycle-Recalls-Infant-Bicycle-Helmets/

Units: About 129,000

Description: This recall involves infant bicycle helmets with magnetic no-pinch chin strap buckles. The helmets are made for infants ranging from one to three years old. The helmet and its straps come in various colors and design patterns. The buckles have small plastic covers and enclosed magnets. “SCHWINN” is printed on the front of the helmets. Only helmets with the magnetic no-pinch chin strap buckles are affected by this recall.

Incidents/Injuries: Pacific Cycle has received three reports of the plastic cover coming loose. No injuries have been reported.

Sold exclusively at: Target stores and online at http://www.target.com from January 2014 through April 2016 for between $18 and $25.

Importer: Pacific Cycle Inc., of Madison, Wis.

Manufactured in: China

Retailers: If you are a retailer of a recalled product you have a duty to notify your customers of a recall. If you can, email your clients or include the recall information in your next marketing communication to your clients. Post any Recall Poster at your stores and contact the manufacturer to determine how you will handle any recalls.

For more information on this see:

For Retailers

Recalls Call for Retailer Action

A recall leads to lawsuits because injuries are connected to the product being recalled thus a lawsuit. Plaintiff’s hope the three can be connected

Combination of a Products Liability statute, an Expert Witness Report that was just not direct enough and odd facts holds a retailer liable as manufacture for product defect.

Product Liability takes a different turn. You must pay attention, just not rely on the CPSC.

Retailer has no duty to fit or instruct on fitting bicycle helmet

Summary Judgment granted for bicycle manufacturer and retailer on a breach of warranty and product liability claim.

For Manufacturers

The legal relationship created between manufactures and US consumers

A recall leads to lawsuits because injuries are connected to the product being recalled thus a lawsuit. Plaintiff’s hope the three can be connected

Combination of a Products Liability statute, an Expert Witness Report that was just not direct enough and odd facts holds a retailer liable as manufacture for product defect.

clip_image002What do you think? Leave a comment.

If you like this let your friends know or post it on FB, Twitter or LinkedIn

 

Author: Outdoor Recreation Insurance, Risk Management and Law

To Purchase Go Here:

Copyright 2016 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog: www.recreation-law.com

Mobile Site: http://m.recreation-law.com

By Recreation Law    Rec-law@recreation-law.com         James H. Moss

 

 

#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Recall, CPSC, Consumer Product Safety Council, Infant Bicycle Helmets, Choking and Magnet Ingestion Hazards,


It’s a balance, healthy kids versus safe kids, health adults versus safe adults, polluted air versus clean air or more importantly, personal choice versus you telling me what to do.

Study from Sweden looks at the effects of cycling after a 2005 law requiring children to wear helmets while riding bikes.

This article came from a study by the Swedish Association of Transportation Planners. The article, What happens when you mandate helmet-wearing among young Swedish cyclists? is based on the study.

These are quotes from the article. Emphasize in bold is mine.

Mandatory helmet laws have been controversial in that they seem to have a limited effect on the number of head injuries, if at all, but instead are correlated with a decrease in cycling numbers.

Graph 1 shows the number of head injuries as a share of injuries to all parts of the body. The downward sloping lines indicate that head injuries are falling faster than other injuries.

clip_image001

 

As we can see there does not seem to be a difference between the trends of the different modes, suggesting that if there is any fall in the share of head injuries it is likely to be an effect of something that also applies to other or all road users.

However there does seem to be another effect of helmet laws, namely a decline in cycling among school children. In 1983 57% of children aged 7-9 had permission from their parents to bike to school without adult companion, and for the age group 10-12, 94% had such permission. By the year 2007 this had decreased to 25% and 79% respectively. Bearing in mind, the helmet law was introduced in 2005, we can’t be sure of a correlation, because the data consists of surveys from 1983 and then 2007. But we do also have data recording that the share of school journeys by bicycle fell from 33% in 2006 one year after the legislation to 29% in year 2012. The evidence does suggest that the effect of the helmet law primarily is that fewer children bike to school.

clip_image002

So the data does show a decline in cycling, but without annual surveys it’s hard to be sure of a correlation. However, a Danish report made the same link between declining cycling to school and helmet promotion and safety/scare campaigns. They determined that half the decline in cycling was caused by these campaigns, and half was caused by other factors such as more car traffic and longer distances to school.

From my perspective, laws telling me how to live don’t work, and this study shows that. Whether I wear a helmet is more personal issue that I should be allowed to decide.

More importantly, cycling increases the cyclist’s health, decreases air pollution and general promotes health. That is a greater benefit to all of us then the individual benefit of forcing someone to do something they may or may not want to do.

See: What happens when you mandate helmet-wearing among young Swedish cyclists?

Other Articles about this subject:

Bike Share programs flourish when helmets are not required                        http://rec-law.us/WrqmXI

Study shows that head injuries are on the rise on the slopes even though more people are wearing helmets                                                                                                                      http://rec-law.us/U91O73

Law requires helmets, injuries down fatalities up?                                           http://rec-law.us/YwLcea

Great editorial questioning why we need laws to “protect” us from ourselves.         http://rec-law.us/Ayswbo

Survey of UK physicians shows them against mandatory bicycle helmet laws.        http://rec-law.us/sYuH07

Recent UK poll shows that 10% of cyclists would quite biking if there was a compulsory helmet law.            http://rec-law.us/t1ByWk

 

 

 

 

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Copyright 2015 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

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Retailers in a minority of states may have a defense to product liability claims when they have nothing to do with the manufacture of the product.

The Passive-Retailer doctrine provides a defense for companies in the supply chain who have no hand, influence or part of the manufacturing process. The key word in the defense is the word passive.

Mcquivey v. Fulmer Helmets, Inc., 2014 UT App 177; 335 P.3d 361; 766 Utah Adv. Rep. 32; 2014 Utah App. LEXIS 184; CCH Prod. Liab. Rep. P19,438

State: Utah, Court of Appeals of Utah

Plaintiff: Jamie Mcquivey

Defendant: Kim Yong Lung Industrial (KYL), which manufactured the helmet in Taiwan; Fulmer Helmets, which distributed the helmet throughout the American market; and White Knuckle Motor Sports, which sold the helmet

Plaintiff Claims: strict liability for defective design as well as negligence and failure to warn, Utah Product Liability Act

Defendant Defenses: Passive retailer defense

Holding: For the plaintiff

Year: 2014

The facts in this case are a little outside of the normal facts written about here. However, the defense in the case is rare and the opportunity to write about the case is important.

This case involves a helmet that failed during an ATV accident. The eight-year-old son of the plaintiff was riding an ATV when he crashed. His helmet cracked, and the helmet cut his face. The mother sued the Manufacturer, the importer distributor and the retailer.

The manufacturer and retailer were dismissed from the case leaving only the importer, Fulmer. The retailer was dismissed because “White Knuckle [retailer] had neither knowledge of potential defects nor influence over the helmet’s design, safety, or manufacturing.” The manufacturer was dismissed because it moved to dismiss for lack of personal jurisdiction.

The importer/defendant then moved to dismiss based on the theory that Fulmer was a passive retailer and could not be held liable for the defects in the helmet. The district court agreed and dismissed Fulmer. The plaintiff appealed that decision leading to this appeal.

Analysis: making sense of the law based on these facts.

The court first went through Utah Product liability law.

Under general principles of tort law, “as between an injured buyer of a product, and the seller of the product, the seller must bear the liability.”

Under Utah’s Product Liability Act, a “manufacturer or other initial seller” who sells an “unreasonably dangerous product” may be liable for resulting “personal injury, death, or property damage.”

Under Utah’s law, strict liability does not require proof of fault, only that the manufacturer sold a defective helmet.

The court then defined the Passive-Retailer Doctrine.

The passive-retailer doctrine creates an exception to strict liability under the Product Liability Act for “passive retailers”–sellers who do not “participate in the design, manufacture, engineering, testing, or assembly” of a product. Under this doctrine, “a passive retailer is not subject to a strict liability claim . . . where the manufacturer is a named party to the action.” The passive-retailer doctrine thus allows the trial court to dismiss a strict-liability claim against a codefendant when undisputed facts establish that no fact finder could, under principles of comparative fault, apportion fault to that codefendant. In this circumstance, “as long as [the actual manufacturer] is present in the suit, there remains no reason to require [a passive retailer] to incur the time and expense of defending” the action.

This is a defense for retailers, that has been adopted by a minority of states. It makes sense in today’s world of prepackaged products that are too complicated for the normal retailer to understand.

This decision found legislatures in Nebraska, Delaware, Idaho, Kansas, Iowa, Maryland, Minnesota, Missouri, North Dakota, Tennessee and Washington had adopted a variation of the doctrine. Courts in Texas, New York, and Oklahoma adopted  the doctrine.

In Utah, the doctrine only was used twice. However, in this case this court found the doctrine did not apply. The defendant Fulmer did more than merely import and sell the helmets.

The defendant’s name was on the helmets, and they were marketed as Fulmer’s helmets. Fulmer reviewed the design of the helmets, tested samples and made changes to the samples. Fulmer performed on-site visits to the manufacturing facility twice annually. Fulmer required the helmets to be manufactured to US DOT standards.

Finally, we note that Fulmer holds itself out to the public as the manufacturer of the helmets that bear its name. Under Second Restatement of Torts, “[o]ne who puts out as his own product a chattel manufactured by another is subject to the same liability, as though he were its manufacturer.” Restatement (Second) of Torts § 400 (1965). “[O]ne puts out a chattel as his own product when he puts it out under his name or affixes to it his trade name or trademark.”

This level of participation was found by the court to be more than passive. The court based on this review found the defendant importer did not qualify for the defense of the Passive Retailer doctrine and sent the case back for trial.

So Now What?

The product liability laws in the US were developed to protect people. That worked when everyone in the supply chain from the manufacturer to the retailer could identify a defect and stop the sale of a defective product. That time ended when we moved from a “general store” to the current marketing system we use today.

If you are a retailer, you should investigate if the Passive-Retailer Doctrine applies to you in your state. Find out what you need to do to make sure you understand the doctrine and how you must work to be afforded its protection.

If you are a manufacturer, you need to understand who in your supply chain may be subject to this defense and keep that in mind when dealing with everyone in your supply chain to keep the defense viable.

What do you think? Leave a comment.

If you like this let your friends know or post it on FaceBook, Twitter or LinkedIn

Copyright 2015 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog: www.recreation-law.com

Mobile Site: http://m.recreation-law.com

By Recreation Law       Rec-law@recreation-law.com              James H. Moss

#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Product Liability, Strict Liability, Passive-Retailer Doctrine, Passive Retailer, ATV, Helmet,