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Skier assumes the risk on a run he had never skied before because his prior experience.

Assumption of the risk is a bar to claims of negligence in New York for injuries a skier receives at the ski area because of his experience as an expert skier.

Schorpp et al., Respondents, v Oak Mountain, LLC, et al., 143 A.D.3d 1136; 39 N.Y.S.3d 296; 2016 N.Y. App. Div. LEXIS 6784; 2016 NY Slip Op 06932

State: New York, Supreme Court of New York, Appellate Division, Third Department

Plaintiff: Ron W. Schorpp and his wife

Defendant: Oak Mountain, LLC, et al.

Plaintiff Claims: Negligence

Defendant Defenses: Assumption of the Risk

Holding: For the Defendant ski area

Year: 2016

The plaintiff was a self-described expert skier who had been skiing at the defendant resort weekly and had been skiing for decades. This was the plaintiff’s first time on the particular black diamond run however. The ski run had been recommended to the plaintiff ha by an employee of the defendant.

While skiing the recommended run the plaintiff skied into a depression causing him to flip over and out of his skis suffering injury.

The defendant filed a motion for summary judgment based on assumption of the risk, which the trial court denied. The defendant appealed that ruling resulting in this decision.

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

The appellate court reviewed the definition of assumption of the risk under New York law.

Under the assumption of risk doctrine, a person who elects to engage in a sport or recreational activity “consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation

That assumption of the risk definition when applied to skiing had been defined by another court to include the risk “caused by ruts, bumps or variations in the conditions of the skiing terrain.” Further, assumption of risk is measured against the skill and experience of the particular plaintiff. In this case the plaintiff had decades of experience.

Although this was his first time on the particular black-diamond trail, Schorpp had “decades of skiing experience” and had skied at Oak Mountain on a weekly basis prior to his accident. Taking into account his experience and skill level, Schorpp was aware of the risk of injury that could be caused by the depression on the ski slope

As such the plaintiff assumed the risk of his injuries. The appellate court granted the defendant’s motion for summary judgment based on assumption of the risk.

So Now What?

Assumption of the risk is making a comeback. Once gone when it was merged into contributory negligence, courts are bringing it back to eliminate claims prior to trial. If you assume the risk of your injuries you should not have the opportunity to go to trial.

One argument that was not raised was negligent information or detrimental reliance on the statement or recommendation of the particular run by the ski area employee. The plaintiff did not argue he was injured because he followed the negligent advice of the employee of the defendant

What do you think? Leave a comment.

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Author: Outdoor Recreation Insurance, Risk Management and Law

Copyright 2017 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, Ski Area, Skiing, Black Diamond, Oak Mountain, Assumption of the Risk, trail, skiing,  summary judgment, depression, ski, risk of injury, black-diamond, downhill, skied, sport, skill, skis,

 

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Schorpp et al., Respondents, v Oak Mountain, LLC, et al., 143 A.D.3d 1136; 39 N.Y.S.3d 296; 2016 N.Y. App. Div. LEXIS 6784; 2016 NY Slip Op 06932

Schorpp et al., Respondents, v Oak Mountain, LLC, et al., 143 A.D.3d 1136; 39 N.Y.S.3d 296; 2016 N.Y. App. Div. LEXIS 6784; 2016 NY Slip Op 06932

Ron W. Schorpp et al., Respondents, v Oak Mountain, LLC, et al., Appellants.

522405

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT

143 A.D.3d 1136; 39 N.Y.S.3d 296; 2016 N.Y. App. Div. LEXIS 6784; 2016 NY Slip Op 06932

October 20, 2016, Decided

October 20, 2016, Entered

COUNSEL:  [***1] Roemer Wallens Gold & Mineaux LLP, Albany (Matthew J. Kelly of counsel), for appellants.

Horigan, Horigan & Lombardo, PC, Amsterdam (Peter M. Califano of counsel), for respondents.

JUDGES: Before: Peters, P.J., McCarthy, Garry, Clark and Aarons, JJ. Peters, P.J., McCarthy, Garry and Clark, JJ., concur.

OPINION BY: Aarons

OPINION

[*1136]  [**296]   Aarons, J.

MEMORANDUM AND ORDER

Appeal from an order of the Supreme Court (Sise, J.), entered November 5, 2015 in Fulton County, which denied defendants’ motion for summary judgment dismissing the complaint.

Plaintiff Ron W. Schorpp, a self-described “expert skier,” was  [*1137]  injured while skiing down a trail at defendant Oak Mountain Ski Center (hereinafter Oak Mountain), which is operated by defendant Oak Mountain, LLC in the Village of Speculator, Hamilton County. Schorpp testified that an Oak Mountain employee recommended  [**297]  a black-diamond trail to him. Schorpp and his daughter planned to ski down this trail and meet his wife and other children at a subsequent juncture of trails. Approximately three quarters of the way down the trail, Schorpp skied into a “depression” that was filled with snow. The skis got caught in the depression causing Schorpp to flip over and fall out of his skis. Schorpp, and [***2]  his wife derivatively, subsequently commenced this negligence action against defendants. Following joinder of issue and discovery, defendants moved for summary judgment. Supreme Court denied the motion and defendants now appeal. We reverse.

Under the assumption of risk doctrine, a person who elects to engage in a sport or recreational activity “consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation” (Morgan v State of New York, 90 NY2d 471, 484, 685 N.E.2d 202, 662 N.Y.S.2d 421 [1997]; see Martin v State of New York, 64 AD3d 62, 63-64, 878 N.Y.S.2d 823 [2009], lv denied 13 NY3d 706, 915 N.E.2d 1181, 887 N.Y.S.2d 3 [2009]; Youmans v Maple Ski Ridge, Inc., 53 AD3d 957, 958, 862 N.Y.S.2d 626 [2008]). Regarding downhill skiing, an individual “assumes the inherent risk of personal injury  caused by ruts, bumps or variations in the conditions of the skiing terrain” (Ruepp v West Experience, 272 AD2d 673, 674, 706 N.Y.S.2d 787 [2000]; see General Obligations Law § 18-101; Hyland v State of New York, 300 AD2d 794, 794-795, 752 N.Y.S.2d 113 [2002], lv denied 100 NY2d 504, 793 N.E.2d 411, 762 N.Y.S.2d 874 [2003]; Dicruttalo v Blaise Enters., 211 AD2d 858, 859, 621 N.Y.S.2d 199 [1995]). The application of the assumption of risk doctrine must be measured “against the background of the skill and experience of the particular plaintiff” (Maddox v City of New York, 66 NY2d 270, 278, 487 N.E.2d 553, 496 N.Y.S.2d 726 [1985]; see Sharrow v New York State Olympic Regional Dev. Auth., 307 AD2d 605, 607, 762 N.Y.S.2d 703 [2003]).

We conclude that defendants satisfied their moving burden by demonstrating that Schorpp assumed the risk of injury associated with downhill skiing (see Jordan v Maple Ski Ridge, 229 AD2d 756, 757, 645 N.Y.S.2d 598 [1996]). Although this was his first time on the particular black-diamond trail, Schorpp had “decades of skiing experience” and had skied at Oak Mountain on a weekly basis prior to his accident. [***3]  Taking into account his experience and skill level, Schorpp was aware of the risk of injury that could be caused by the depression on the ski slope (see Painter v Peek’N Peak Recreation, 2 AD3d 1289, 1289-1290, 769 N.Y.S.2d 678 [2003]; Ruepp v West Experience, 272 AD2d at 674; Giordano v Shanty  [*1138]  Hollow Corp., 209 AD2d 760, 761, 617 N.Y.S.2d 984 [1994], lv denied 85 NY2d 802, 648 N.E.2d 792, 624 N.Y.S.2d 372 [1995]; Calabro v Plattekill Mt. Ski Ctr., 197 AD2d 558, 559, 602 N.Y.S.2d 655 [1993], lv denied 83 NY2d 754, 634 N.E.2d 979, 612 N.Y.S.2d 378 [1994]). In opposition, plaintiffs failed to raise an issue of fact as to whether defendants concealed or unreasonably increased the risks to which Schorpp was exposed (see Sontag v Holiday Val., Inc., 38 AD3d 1350, 1351, 832 N.Y.S.2d 705 [2007]; Ruepp v West Experience, 272 AD2d at 674). Accordingly, Supreme Court erred in denying defendants’ motion for summary judgment.

Peters, P.J., McCarthy, Garry and Clark, JJ., concur.

ORDERED that the order is reversed, on the law, with costs, and motion granted.

 


Black Diamond Recalls Via Ferrata Climbing Equipment Due to Fall Hazard

Hazard: Climbing sets sold without the orange safety stitching on the lanyards can allow the ends to unexpectedly detach, posing a risk of injury or death to climbers from a fall.

http://www.cpsc.gov/en/Recalls/2016/Black-Diamond-Recalls-Via-Ferrata-Climbing-Equipment/

Recall Summary

Name of Product: Black Diamond via ferrata climbing sets

Remedy: Replace

Consumers should immediately stop using the recalled via ferrata climbing sets, inspect the lanyards for the orange safety stitching, then contact Black Diamond for a replacement instructions. Instructions for inspection are also available at https://warranty.bdel.com/ViaFerrataRecall/Landing. Only those sets that lack the safety stitching need to be returned for replacement.

Consumer Contact: Black Diamond at 800-775-5552 from 8 a.m. to 5 p.m. MT Monday through Friday, or online at http://blackdiamondequipment.com and click on “Safety Notices” for more information. Consumers can also email the firm at recall@bdel.com.

Recall Details

Photos Available At http://www.cpsc.gov/en/Recalls/2016/Black-Diamond-Recalls-Via-Ferrata-Climbing-Equipment/

Units: About 100

Description: This recall involves Black Diamond Easy Rider and Iron Cruiser via ferrata climbing sets with manufacturing codes between 5293 and 5350. The manufacturing code is located on a sewn-in fabric label located inside the zippered cover. “Easy Rider” or “Iron Cruiser” and “Black Diamond” are printed on the black nylon cover.

Incidents/Injuries: None reported

Sold at: Camp Saver, Gear Saver Inc., The Gear Coop and other specialty outdoor stores nationwide and online at BlackDiamond.com for between $90 and $110.

Importer/Distributor: Black Diamond Equipment Ltd., of Salt Lake City, Utah

Manufactured in: U.S.A.

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, Black Diamond, Via Ferrata,

 

 


Black Diamond Recalls Camming Climbing Devices Due to Fall Hazard

Name of Product: Black Diamond Camalot climbing devices

http://www.cpsc.gov/en/Recalls/2016/Black-Diamond-Recalls-Camming-Climbing-Devices/

Recall Summary

Hazard: The camming devices can come apart during use and fail, posing a fall hazard to the consumer.

Remedy: Replace

Consumers should immediately stop using the recalled camming devices and contact Black Diamond for inspection and replacement instructions. Instructions for inspection are also available at https://warranty.bdel.com/CamalotRecall/Landing. Only those camming devices that have unformed axle ends are included in the recall.

Consumer Contact: Black Diamond at 877-775-5552 from 8 a.m. to 5 p.m. MT Monday through Friday or online at http://blackdiamondequipment.com and click on “Safety Notices” for more information. Consumers can also email the firm at recall@bdell.com.

Recall Details

Photos Available At http://www.cpsc.gov/en/Recalls/2016/Black-Diamond-Recalls-Camming-Climbing-Devices/

Units: About 45,500 (in addition, 5,700 units were sold in Canada)

Description: This recall involves all sizes of Black Diamond Camalot and Camalot Ultralight camming devices. The climbing devices are used to secure ropes while rock climbing. The Camalots were sold in sizes 0.3 to 6 and have manufacturing codes from 5133 to 6067. The Camalot Ultralights were sold in sizes 0.4 to 4 and have manufacturing codes from 5309 to 6061. Manufacturing codes are printed on the underside of the cams.

Incidents/Injuries: None reported

Sold at: Eastern Mountain Sports, Gear Express, Mountain Gear, REI and other specialty outdoor recreation stores nationwide and online at BackCountry.com and BlackDiamond.com for between $65 and $130.

Importer/Distributor: Black Diamond Equipment Ltd., of Salt Lake City, Utah

Manufactured in: U.S.

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, Black Diamond Camalot, Black Diamond, Camalot

 

 


Black Diamond Recalls Climbing Ascenders Due to Fall Hazard

Hazard: The Index Ascenders’ rivet holding the toothed cam can release, allowing the Ascender to slide on the rope or become detached from the rope, posing a risk of injury or death to climbers from a fall.

http://www.cpsc.gov/en/Recalls/2016/Black-Diamond-Recalls-Climbing-Ascenders/

Name of Product: Black Diamond Index Ascenders for climbing

Recall Summary

Remedy: Replace: Consumers should immediately stop using the recalled ascenders and contact Black Diamond for instructions on inspecting and returning the product for a free replacement. Instructions for inspection are also available at https://warranty.bdel.com/IndexRecall/Landing. Only those ascenders having an unformed rivet need to be returned for replacement.

Consumer Contact: Black Diamond at 800-775-5552 from 8 a.m. to 5 p.m. MT Monday through Friday, email at recall@bdel.com or online at http://blackdiamondequipment.com and click on “SAFETY NOTICES: Recall for Inspection” for more information.

Recall Details

Photos Available At http://www.cpsc.gov/en/Recalls/2016/Black-Diamond-Recalls-Climbing-Ascenders/

Units: About 2,800 (in addition, 300 were sold in Canada)

Description: This recall involves Black Diamond brand Index Ascenders (left and right versions) used as rope clamps for rock climbing and mountaineering. The metal ascenders are orange, with a black and gray grip or silver with a black and gray grip. Index Ascenders with a manufacturing code from 4356 to 6015 are included in the recall. The manufacturing code is located on the frame of the ascenders. “Black Diamond” is imprinted on both sides of the handle.

Incidents/Injuries: None reported

Sold at: Eastern Mountain Sports, Moosejaw Mountaineering, Outdoors Inc., REI, Sport Chalet, and other specialty outdoor stores nationwide and online at Backcountry.com and BlackDiamond.com and for about $80.

Importer/Distributor: Black Diamond Equipment Ltd., of Salt Lake City, Utah

Manufactured in: U.S.

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, Index Ascender, Black Diamond,

 

 


Black Diamond Recalls to Inspect Carabiners Due to Fall Hazard

Name of Product: Black Diamond Carabiners for Climbing

http://www.cpsc.gov/en/Recalls/2016/Black-Diamond-Recalls-to-Inspect-Carabiners/

Recall Summary

Hazard: The carabiner can unexpectedly open and allow the rope to become detached, posing a risk of injury or death to climbers from a fall.

Remedy: Replace

Consumers should immediately stop using the recalled carabineers and contact Black Diamond for instructions on inspecting and returning the product for a free replacement.  Instructions are also available on the firm’s website.

Consumer Contact: Black Diamond at 800-755-5552 from 8 a.m. to 5 p.m. MT Monday through Friday or online at http://blackdiamondequipment.com and click on “Recall for Inspection: Carabiner & Quickdraws” for more information on inspecting the product. Consumers can also email the firm at warranty@bdel.com.

Recall Details

Photos Available At http://www.cpsc.gov/en/Recalls/2016/Black-Diamond-Recalls-to-Inspect-Carabiners/

Units: About 1.16 million (in addition, 81,000 were sold in Canada)

Description: This recall involves 16 models of Black Diamond brand carabiners with manufacturing date codes between 4350 and 6018. “Black Diamond” or the Black Diamond logo is printed on the front of the carabiners. The manufacturing date code is printed on the side of the carabiners. All carabiner colors are included in the recall. They were sold individually or as part of a climbing gear set. The following carabiners are included in the recall.

Black Diamond carabiners sold individually

Carabiner Name

Carabiner Name

MINI PEARABINER SCREWGATE

POSITRON BENT CARABINER

OVAL CARABINER

NITRON STRAIGHT CARABINER

OVALWIRE CARABINER

NITRON BENT CARABINER

LIGHT D CARABINER

NEUTRINO CARABINER

HOTWIRE CARABINER

POSITRON SCREWGATE CARABINER

OZ CARABINER

NITRON SCREWGATE CARABINER

HOODWIRE CARABINER

ROCKLOCK SCREWGATE CARABINER

POSITRON STRAIGHT CARABINER

VAPORLOCK SCREWGATE CARABINER

 

Black Diamond carabiners sold as a set or in combination with other products

Product Name

 

Included Carabiner(s)

FREEWIRE QUICKDRAW- 12cm

 

HOTWIRE CARABINER (2)

FREEWIRE QUICKDRAW- 18cm

 

HOTWIRE CARABINER (2)

POSIWIRE QUICKDRAW- 12cm

 

POSITRON STRAIGHT CARABINER (2), HOTWIRE CARABINER (2)

POSIWIRE QUICKDRAW- 18cm

 

POSITRON STRAIGHT CARABINER (2), HOTWIRE CARABINER (2)

POSITRON QUICKDRAW- 18cm

 

POSITRON STRAIGHT CARABINER (2), POSITRON BENT CARABINER (2)

POSITRON QUICKDRAW- 12cm

 

POSITRON STRAIGHT CARABINER (2), POSITRON BENT CARABINER (2)

POSITRON QUICKPACK

 

POSITRON STRAIGHT CARABINER (6), POSITRON BENT CARABINER (6)

POSIWIRE QUICKPACK

 

POSITRON STRAIGHT CARABINER (6), POSITRON BENT CARABINER (6)

FREEWIRE QUICKPACK 12cm

 

HOTWIRE CARABINER (12)

FREEWIRE QUICKPACK 18cm

 

HOTWIRE CARABINER (12)

POSITRON QUICKPACK 12cm

 

POSITRON STRAIGHT CARABINER (6), POSITRON BENT CARABINER (6)

POSITRON QUICKPACK 18cm

 

POSITRON STRAIGHT CARABINER (6), POSITRON BENT CARABINER (6)

POSIWIRE QUICKPACK 12cm

 

POSITRON STRAIGHT CARABINER (6), HOTWIRE CARABINER (6)

POSIWIRE QUICKPACK 18cm

 

POSITRON STRAIGHT CARABINER (6), HOTWIRE CARABINER (6)

NEUTRINO RACKPACK

 

NEUTRINO CARABINER (6)

HOTWIRE RACKPACK

 

HOTWIRE CARABINER (6)

HOTWIRE 3 PACK

 

HOTWIRE CARABINER (3)

POSITRON SCREWGATE 3 PACK

 

POSITRON SCREWGATE CARABINER (3)

OVAL 3 PACK

 

OVAL CARABINER (3)

WIRED HEX SET #4-10

 

OVALWIRE CARABINER (1)

STOPPER SET #4-13

 

OVALWIRE CARABINER (1)

BIG AIR PACKAGE

 

ROCKLOCK SCREWGATE CARABINER (1)

BIG AIR XP PACKAGE

 

MINI PEARABINER SCREWGATE (1)

MOMENTUM DS COMBO

 

ROCKLOCK SCREWGATE CARABINER (1)

MOMENTUM HARNESS PACKAGE

 

ROCKLOCK SCREWGATE CARABINER (1)

PRIMROSE HARNESS PACKAGE

 

ROCKLOCK SCREWGATE CARABINER (1)

Incidents/Injuries: None reported

Sold at: Eastern Mountain Sports, The Gear Coop, Hansen Mountaineering, REI and other specialty outdoor stores nationwide and online at Backcountry.com, BlackDiamond.com and Bouldering.com from December 2014 to January 2016 for between $6 and $15.

Importer/Distributor: Black Diamond Equipment Ltd., of Salt Lake City, Utah

Manufactured in: U.S.

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, Black Diamond, Carabiner, Rock Climbing, Black Diamond Equipment,

 

 


Black Diamond Recalls Nylon Runners Due to Fall Hazard

Name of Product: Nylon Runners

http://www.cpsc.gov/en/Recalls/2016/Black-Diamond-Recalls-Nylon-Runners/

Recall Summary

Hazard: A nylon runner with a tape splice (two cut ends joined by masking tape) will fail in normal use, posing a risk of death or injury due to a fall.

Remedy: Replace

Consumers should immediately stop using the recalled nylon runners, inspect for the presence of a tape splice and contact Black Diamond for instructions on obtaining a free replacement nylon runner.

Consumer Contact: Black Diamond at 800-775-5552 from 8 a.m. to 5 p.m. MT Monday through Friday or online at http://blackdiamondequipment.com and click on “Recall for Inspection: Nylon Runners” for more information. Consumers can also email the firm at warranty@bdel.com.

Recall Details

Photos Available At http://www.cpsc.gov/en/Recalls/2016/Black-Diamond-Recalls-Nylon-Runners/       

Units: About 185,000 (in addition, 23,600 were sold in Canada)

Description: This recall involves Black Diamond 18 mm wide nylon runners that are 60 cm/24 inch or 120 cm/48 inches long that have a tape splice (two cut ends joined by masking tape). The nylon runners were sold in red, blue, gold, green, gray and purple. “CE 0333” and 2014 or 2015 are printed on the sewn-in label.

Incidents/Injuries: None reported

Sold at: Eastern Mountain Sports, Hansen Mountaineering, The Gear Coop, Peak Experiences Inc., REI and other specialty outdoor stores nationwide and online at Backcountry.com and BlackDiamond.com from January 2014 through February 2016 for between $5 and $9.

Importer/Distributor: Black Diamond Ltd., of Salt Lake City, Utah

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, Black Diamond, Black Diamond Equipment, Runners, Nylon Runners,