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California Proposition 65 is a nightmare for manufacturers and as usual, manufacturer bad dreams are felt by retailers.

This Article Has Updated Information For Manufacturers!

This article is a repeat with a few updates. This law is going into effect in less than three (3) months and will affect EVERY manufacturer selling in California or ONLINE!

Proposition 65 was passed by the voters in California in the late 80’s. The proposition required consumers to be notified if a product might contain a chemical that was carcinogenic or might cause harm to a fetus. The proposition required a simple warning label on any product that contained a chemical list maintained by the state.

The proposition was general ignored for the first 20 years as the state gradually added chemicals to the list. However, as the testing and research got better the list of chemicals started to grow exponentially. Now that list has 967 chemicals.

The list of chemicals on the list can be found here: Chemicals or Listed under Proposition 65. You can download a list of the chemicals here. There are currently 967 chemicals on the list and the list adds new chemicals yearly, sometimes more often.

The state recently determined that the consumer was not being adequately warned, and the warning did not provide enough information to the consumer. The regulations from Proposition 65 were changed, and the new regulations go into effect for all products sold after August 31, 2018. New warning label must be placed on products, in the catalog, on the website and maybe on an aisle of your store, for all products manufactured and for sale to the California consumer after August 31, 2018. That new warning is specific in what it must contain and must include the name of one of the chemicals on the list that can be found in the product.

Manufacturers can no longer place the general warning on everything, even if they did not know what the possible danger was.

The state also decided the enforcement of the warning needed to be kicked into a higher gear. With the new regulations, came a new way to enforce the law. Any consumer can act on behalf of the State of California and file a suit against any manufacturer who has not met the new regulations. Damages can be up to $2500 per day per product, court costs and attorney’s fees. The consumer who files the lawsuit will receive one-third of the money recovered.

This has created a new rush for law firms with an associate in or based in California. Consumers are being retained to buy products, have them tested to prepare to sue manufacturers. One consumer already purchased sixty products in one day from Backcountry.com and sent them for testing.

Consequently, this has created a mad rush for manufacturers to determine what is in their products and what labels must be added to their products.

If a manufacturer has a product that contains a chemical on the list the label must be on the product, hangtag, packaging so the consumer can identify it before purchase. The first warning below is for chemicals that are carcinogenic.

WARNING

This product contains the following: Chemical 1

This product can expose you to chemicals including Chemical 1 which is [are] known to the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov.

If the chemical is on the list because it may injure a fetus the warning must look like this.
WARNING
This product contains the following: Chemical 1
This product can expose you to chemicals including Chemical 1 which is [are] known to the State of California to cause birth defects or other reproductive harm. For more information go to http://www.P65Warnings.ca.gov.
If your product contains chemicals that are on both lists, meaning the chemical can cause cancer or injury to a fetus, that warning must look like this.
WARNING: This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to http://www.P65Warnings.ca.govwww.P65Warnings.ca.gov.
This is a different warning if you place the warning directly on the product. If the warning contains both a carcinogen and a toxicant, the safe harbor warning will look like this.
WARNING: Cancer and Reproductive Harm – http://www.P65Warnings.ca.gov
These warning have a minimum type size or 6pt or nor smaller than the largest type size used for other consumer information on the product.

Current Manufacturer Issues

First, manufacturers are being contacted already about failing to meet the requirements of the current regulations. The law firms contacting the manufacturers are demanding large amounts of money.

No money is owed under the current regulations if a manufacturer fails to meet the requirements under the law, generally.

However, that has not stopped law firms from sending demand letters. Be aware of this issues and deals with them accordingly.

Supposedly, 60 products have been purchased at one non-California online retailer and based on testing; demand letters have been sent to manufacturers.

A second issue is California courts have said the standard language in commercial liability polices, the insurance policies you buy to protect against lawsuits DO NOT apply to California 65 claims. There are two reasons for this.

First, most policies only protect against claims based on negligence. There is no negligence in this matter, there is a violation of the regulation, so your insurance company and the courts are going to say that they have no duty to defend you.

Second, most policies have a specific exclusion for fines, fees or regulatory penalties. Although this penalty is being collected by private individuals and law firms, it is being done under the auspices of the California Attorney General’s office. As such, most policies are going to deny coverage for this reason also.

Finally, get your manufactures of the components or products you make on board now! Make sure they have supplied you with SDS (formerly MSDS) sheets that identify what is in the products you use to make your final product. If a component does not violate California Proposition, 65 regulations get that confirmed with the manufacturer and determine how claims are going to be dealt with if a demand comes in.

Monetary Claims are being made for products where the claimed components that violate the law have SDS sheets stating that the product does not violate California Proposition 65.

If your products are not made from US or UK manufactures who supply SDS sheets, then find out what is in your products immediately. If your manufacturer will not or cannot supply you with the information, you need you will probably have to hire a lab to test your products to determine what issues you face.

When working with an independent lab, determine in advance how any claims between you and third parties will be handled based upon the labs’ results if possible.

Where a retailer has to pay attention.

The retailer headache comes in three different forms. The first is a retailer who sells their own branded products. If you name is on the product, you are probably the manufacturer under California law unless it is clear the product was manufactured by a third party. Your hangtags with your bar code and price are not creating liability because the manufacture’s name is on everything else. However, a T-shirt with the name of your store name across the front probably makes you a manufacturer unless the packaging clearly identifies the true manufacturer of the shirt. Laying products out to be purchased without a warning label is possibly a thing of the past, unless you place a warning on the aisle or shelf where the product is displayed.

If you sell or probably give away anything advertising your store that based on the way, the product is identified, would lead a consumer to believe that you are the manufacturer you need to have the new warning labels on those products. However, the giveaways are a gray area because the regulations use the terms for sale to the public….

If you advertise the products, you sell on your own website, any product on your website that needs a label must have that warning on the website. So even though you are just the retailer, the consumer must be able to see the warning on your site (or if you still use one, your catalog). The warning must be visible to the consumer before purchase.

Retailers selling consumer products over the Internet must pay special attention to their new obligations under the updated rules. A compliant product label will no longer be sufficient to qualify the Internet seller for the safe harbor protection even if the label complies with the updated warning content requirements of the new regulation. For Internet sales, retailers must provide a Prop 65 warning for the product on the retailer’s website to fall within the safe harbor. Such website warnings must either:

  1. Be placed on the product’s display page,
  2. Be given via a hyperlink using the word “WARNING” placed on the product display page, or
  3. Be displayed, with a tie to the product for which the warning is being given, to the consumer before their purchase is completed (such as having the warning appear in the virtual shopping cart or on the last page before the consumer authorizes the use of their credit card during the checkout process).

The new rules will therefore, likely require many retailers to alter the coding of their websites and may force website redesigns.

https://www.mofo.com/resources/publications/170801-new-proposition-65-warning-regulations.html

The biggest burden that could be placed on a retailer is a manufacturer may opt to place signs in the aisles where their products are being sold. Then the burden shifts to the retailer to make sure the signs are up and visible to the consumer.

The actual requirements that create liability for retailers have a few additional ways to create liability; however, for the ski and snowboard retailer, those are unlikely.

The new regulations will relieve retailers from the responsibility of providing a Prop 65 warning if certain criteria are met. Retailers have often been caught up in the broad scope of Prop 65, which, until now, said little about who exactly needs to provide the warning. Retailers will no longer have to provide the warning unless:

  1. The retailer is selling the product under a brand or trademark that is owned or licensed by the retailer or an affiliated entity;
  2. the retailer has knowingly introduced a listed chemical into the product, or knowingly caused a listed chemical to be created in the product;
  3. The retailer has covered, obscured or altered a warning label that has been affixed to the product;
  4. The retailer has received a notice and warning materials from the manufacturer, producer, packager, importer, supplier, or distributor and the retailer has sold the product without conspicuously posting or displaying the warning; or
  5. The retail seller has actual knowledge of a potential consumer product exposure requiring a warning and there is no manufacturer, producer, packager, importer, supplier or distributor
    who:
    1. Meets the definition of a “person in the course of doing business,” and,
    2. Has a designated agent for service of process in California or has a place of business in California.

https://www.troutman.com/are-you-ready-for-the-new-california-prop-65-warning-requirements-05-22-2017/

Retailers are not totally exempted even if they do not have any of the above challenges. Manufacturer’s may attempt to pass the liability onto Retailers, which I would strongly advise against. Retailers are responsible for posting signs if required by the manufacturer and notifying the manufacturer that they have received the material to post.

The new system clarifies that manufacturers have the primary responsibility for providing Proposition 65 warnings. Manufacturers can choose whether to put warning labels on their products or to provide notices to their distributors, importers or retail outlets that a product may cause an exposure to a listed chemical that requires a warning and provides warning signs or other warning materials to the Retailer. Manufacturers can also enter written agreements with retailers to modify this allocation of responsibility as long as the consumer receives a clear and reasonable warning before he or she is exposed to a Proposition 65 chemicals.

Retailers must confirm that they received the notice and must use the warning signs or other materials provided by the manufacturer.

https://www.p65warnings.ca.gov/new-proposition-65-warnings

You are not out of the woods yet. Again, though, other than chemicals that might be on the list for waxing or repairing skis and snowboards, these probably might not apply.

A retailer can still be held responsible for failure to provide a required warning for the retailer’s private label products or where the retailer has:

  • Knowingly introduced or caused a listed chemical to be created in a product;
  • Covered, obscured or altered a product’s warning label;
  • Received a warning notice and materials from the manufacturer or supplier, but sold the product without supplying the warning; or
  • Actual knowledge of the potential consumer exposure requiring the warning, and there is no manufacturer or supplier who is subject to Prop. 65 (has 10 or more employees) and a place of business in California or a designated agent for service of process in California. Actual knowledge will be presumed within five days of receiving a 60-day notice of violation.

https://www.bryancave.com/en/thought-leadership/california-adopts-new-prop-65-warning-regulations.html

The last one, knowing of a problem is where the ski and snowboard retailer may be in trouble.

What if you suspect a manufacturer of product in your store has not properly labeled their products. Several apparel manufacturers are taking the position that the odds of them getting caught are so slim that they can take the risk. As a retailer, you will quickly know based upon the products you carry if they are labeled properly; that waterproof jackets or certain greases should carry a label. Supplier XYZ is not labeling their products are you liable.

The law is unclear and untested, except for one area. A California Court has already determined that the language of standard general liability insurance policies that protect against claims of negligence, do not apply to these types of lawsuits because they are based on violating a government regulation. So, any battle you might fight, you may be doing out of your own pocket.

What should you do?

Request a letter from your vendors stating that the products sold in your store have been reviewed, and the manufacturer has properly labeled the products that require labeling.

Ask vendors you work with to indemnify you for California Proposition 65 violations. The larger retailers you compete with are already requiring that.

Contact your insurance agent and see if your policy covers proposition 65 suits and if so, get that in writing.

 You can download a copy of this article here! California Proposition 65

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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,


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

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Copyright 2018 Recreation Law (720) Edit Law

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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, 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

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Facebook Page: Outdoor Recreation & Adventure Travel Law

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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, 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.

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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.

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Copyright 2016 Recreation Law (720) Edit Law

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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, 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

 

 

 

 

What do you think? Leave a comment.

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Copyright 2015 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

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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, Cycling, Helmets, Sweden, Biking