Forum non conveniens is a legal term meaning the place where the litigation is occurring is not the right place for the lawsuit to occur.

In this case a mountain bike manufacturer sued in California by a Canadian plaintiff for an accident in Canada used the rule to move the case to Canada.

It did not hurt the manufacturer that the plaintiff was playing games with the court and the plaintiff’s attorneys stretched the law in directions the appellate court did not find appropriate.

Fox Factory, Inc v. The Superior Court of Santa Clara County, 11 Cal.App.5th 197, 217 Cal.Rptr.3d 366

State: California, California Court of Appeals, Sixth District

Plaintiff At the Appeal: Fox Factory, Inc., doing business as Fox Racing Shox

Defendant at the Appeal: The Superior Court of Santa Clara County

Plaintiff in the base case: Peter Isherwood

Defendant in the base case: Fox Factory, Inc., doing business as Fox Racing Shox

Plaintiff Claims: negligence, strict products liability, breach of the implied warranty of merchantability, and breach of the implied warranty for a particular purpose

Defendant Defenses: forum non conveniens (the lawsuit is in the wrong place)

Holding: Sent back to the lower court for further evaluation (defendant Fox won)

Year: 2017

Summary

There are rules about where lawsuits can be brought and there are equitable rules on where lawsuits can be brought. The plaintiff wants to sue in the place where he or she has the greatest chance of winning and getting the most money. The defendant wants to be sued where they have the greatest chance of winning or paying the least amount of money. The court wants the lawsuit to be in a place that has the most fairness to both parties to the litigation.

Here the case was moved from California to Canada for equitable reasons, the best place for this lawsuit was Canada.

Facts

Plaintiff Isherwood is a Canadian citizen and resident of British Columbia. Fox, a California corporation, manufactures bicycle parts, including front fork racing shocks. On April 24, 2011, plaintiff was mountain biking downhill in British Columbia on a full-suspension mountain bike purchased from Oak Bay Bikes, a retail bicycle shop in British Columbia. The mountain bike was assembled with specialized component parts selected by plaintiff from various manufacturers, including a frame manufactured by Specialized Bicycle Components, Inc. (Specialized), a California corporation; an adapter made by Full Speed Ahead, Inc., a Washington corporation; a headset made by King Cycle Group, Inc. (King), an Oregon corporation; and Fox Vanilla 36 RC forks which ” a lot of professionals rode.” According to plaintiff’s first amended complaint, the steerer tube used in the Fox racing shocks broke as plaintiff landed a jump. Plaintiff was thrown forward, resulting in a spinal cord injury.

Plaintiff filed this action on April 22, 2013, alleging negligence, strict products liability, breach of the implied warranty of merchantability, and breach of the implied warranty for a particular purpose. Tamara Jayne Bickerton, who later became plaintiff’s wife,[2] also alleged loss of consortium, but she subsequently obtained dismissal of her claim with prejudice. In addition to Fox, plaintiff named Specialized, King, and Full Speed Ahead.

The following day, April 23, 2013, plaintiff filed another court action in Vancouver, British Columbia, naming as defendants SNC Cycles Ltd. (SNC Cycles) and three Doe corporations, as well as three individuals as John Doe defendants. In this pleading plaintiff alleged that the identities of the corporate and individual Doe defendants were unknown to him, even though the allegations were the same as those in the California action filed one day earlier. He also alleged that SNC Cycles was the owner and operator of Oak Bay Bicycles. As in the California action, plaintiff claimed that the negligence of these defendants was responsible for the April 24, 2011 accident that had caused his injuries.

The caption of the British Columbia pleading named ” Peter Dilwyn Iserwood” as plaintiff. According to Fox, the misspelling of plaintiff’s name, together with the intentional withholding of the defendants’ true names, precluded discovery of this lawsuit despite ” multiple searches” of the dockets of the Vancouver courts. In addition, plaintiff had testified in his October 2014 deposition that he had never been a plaintiff ” in a lawsuit other than this one.” He also answered ” no” to an interrogatory question about whether, in the past 10 years, he had ” filed an action or made a written claim or demand for compensation for [his] personal injuries.”

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

Forum non conveniens is an argument on where the litigation should be based. In this case, California or British Columbia, Canada. All other defendants that were California based or US based had been dismissed from the case so it was the Canadian plaintiff arguing that a US defendant should be sued in California.

Normally lawsuits are determined one of two ways. Where the accident happened or where the defendant resides. Usually, having the lawsuit in California because the defendant was based there would be enough. However, the way the plaintiff played the courts was a major issue in whether this litigation would be moved to Canada.

Forum non conveniens is an equitable relief available to the court. Equitable means it is the right thing to do. The court can bring the motion on its own or a party to the lawsuit can bring the argument saying that this lawsuit is not in the right place because.

California has a two-step process to determine if a case should be moved for equitable reasons.

Our Supreme Court in Stangvik set forth a two-step analysis for a court considering a forum non conveniens motion. ” A case-by-case examination of the parties, their dispute and the relationship of each to the state of California is the heart of the required analysis.” The court ” must first determine whether the alternate forum is a ‘suitable’ place for trial. If it is, the next step is to consider the private interests of the litigants and the interests of the public in retaining the action for trial in California. The private interest factors are those that make trial and the enforceability of the ensuing judgment expeditious and relatively inexpensive, such as the ease of access to sources of proof, the cost of obtaining attendance of witnesses, and the availability of compulsory process for attendance of unwilling witnesses.

The first step is very broad in its meaning. Suitable place for trial means will the trial be fair, is the court system similar to the US system, will both parties get a fair shot at presenting their case. There is also a look at how moving the case will affect the courts and people of California.

The private interests are those of the litigants in the trial. What will the cost be to the parties to move the trial, will any judgment that is received be able to be executed. Meaning If the trial is moved to Canada, can a Canadian judgment be enforced in the US. The major issue is where is the best place to find the evidence and witnesses to help a jury make a decision.

The public interest factors include avoidance of overburdening local courts with congested calendars, protecting the interests of potential jurors so that they are not called upon to decide cases in which the local community has little concern, and weighing the competing interests of California and the alternate jurisdiction in the litigation.” Also of potential concern is ” the interest in trying the case in a forum familiar with the applicable law, and the interest in avoiding unnecessary conflicts of laws.”

After reviewing the legal and equitable issues involved in making a decision to move the trial, the court looked at the plaintiff’s arguments to not move the case and the plaintiff’s arguments in general. Basically, the court slapped the plaintiff around for trying to stretch the law beyond reason and playing games with the court.

In this part of the opinion the court brought forth several statements about the plaintiff.

We will ignore plaintiff’s inappropriate, two-paragraph discussion of the court’s analysis in that case

The court then went on and told the plaintiff every reason why their legal arguments were not only incorrect, but just plain wrong.

The court had already reviewed the games the plaintiff played in filing two lawsuits in different locations and doing so in a way that made the second lawsuit difficult to find. Then the plaintiff lied under oath about the second lawsuit.

The court found the reasons for having the case in Canada were compelling.

Fox argued that British Columbia, where the Canadian case was ongoing, was a suitable forum because plaintiff was a British Columbia resident, the accident took place in British Columbia, and all relevant evidence, medical personnel, and percipient witnesses were located there. Fox believed it was at an unfair disadvantage because it had ” no way to compel the appearance at trial of any of the crucial Canadian witnesses,” whereas plaintiff would be able to obtain the cooperation of his most favorable witnesses.

The court did not order the case moved to Canada, but sent the case back to the trial court to review the motions of the defendant under the proper legal standard. That means the lower court had to review the issues again and move the case to Canada.

So Now What?

The first rule of winning a lawsuit is represent the honest person in the courtroom. The underlying tone of this entire decision was the court had caught the plaintiff lying to the defendants and playing games with the legal system. That never flies. Judges hate it and juries see through it.

Here the witnesses, evidence, physicians and other health care providers to the plaintiff could easily be brought into court by both sides and for a lot less money.

Also, the standards required to win a case like this in Canada are better for the defendant and the damages if the defendant loses will be much lower in Canada.

What do you think? Leave a comment.

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SRAM Recalls Bicycle Gear Hubs Due to Crash and Injury

Name of Product: SRAM i-Motion 3 internal gear hubs (coaster brake version) for bicycles

Hazard: The brakes in the gear hubs can fail, posing crash and injury hazards to the rider.

Recall Date: February 21, 2019

Recall Number: 19-069

Remedy: Refund

Consumers should immediately stop using bicycles with the recalled gear hubs and contact SRAM for instructions on how to receive a partial refund.

Consumer Contact: SRAM at 800-346-2928 from 10 a.m. to 7 p.m. ET Monday through Thursday and 10 a.m. to 6 p.m. ET on Friday or online at http://www.sram.com or http://www.zipp.com and click on “Recall Notice” for more information.

Pictures available here: https://www.cpsc.gov/Recalls/2019/SRAM-Recalls-Bicycle-Gear-Hubs-Due-to-Crash-and-Injury-Hazards

Recall Details

Units: About 7,000 (in addition, 700 were sold in Canada)

Description: This recall involves SRAM® i-Motion 3 three-speed internal gear hubs with a coaster brake installed on bicycles with no redundant braking system. The recalled hubs were sold on the following Electra® model bicycles: Electra Cruiser Custom 3i, Electra Coaster 3i, Electra Hawaii 3i, Electra Hawaii 3i 24 and Electra Straight 8. The recalled hubs were also sold as aftermarket parts for other bicycles. The recalled hubs have “SRAM i-Motion 3” printed on the hub shell and a brake arm extending from the axle of the hub.

Incidents/Injuries: SRAM has received five reports of brake failure, resulting in one minor injury to a rider.

Sold At:Specialty bicycle retailers nationwide from April 2010 through December 2018 for between $400 and $800 for Electra bicycles equipped with the recalled hubs and for about $90 for the recalled aftermarket gear hubs

Manufacturer(s):Heng Ying Machinery Co., Ltd. of Taoyuan City, Taiwan

Distributor(s):SRAM LLC, of Chicago, Ill.

Manufactured In: Taiwan

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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Email: Rec-law@recreation-law.com

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www.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, Recall, CPSC, Consumer Product Safety Council,

 


SRAM Recalls Zipp Bicycle Quick Releases Due to Crash and Injury Hazards

http://www.cpsc.gov/en/Recalls/2016/SRAM-Recalls-Zipp-Bicycle-Quick-Releases/

Recall Summary

Name of Product: Zipp® bicycle quick releases

Hazard: The quick releases can fail to engage in the closed position, posing crash and injury hazards to the rider.

Remedy: Replace

Consumers should immediately stop using any bicycles equipped with the recalled quick releases and contact SRAM or their local bicycle dealer for a free replacement quick release.

Consumer Contact: SRAM at 800-346-2928 from 9 a.m. to 8 p.m. ET Monday through Thursday and from 9 a.m. to 6 p.m. ET on Fridays, or visit http://www.sram.com or http://www.zipp.com and click on Recall Notice for more information.

Recall Details

Photos available at http://www.cpsc.gov/en/Recalls/2016/SRAM-Recalls-Zipp-Bicycle-Quick-Releases/

Units: About 6,400

Description: This recalls involves SRAM’s Zipp stainless steel or titanium quick releases. They were sold as aftermarket components or as part of the 202 DB V2, 303 DB V2, 404 Firestrike V2, 202 Firecrest V3, 303 Firecrest V3, 404 Firecrest V3, 808 Firecrest V3 or 808 NSW wheels. The quick release has a curved, black lever. Zipp appears on the lever. Only quick releases without a marking at the center of the underside of the lever, below the Zipp logo are included on this recall. 

Incidents/Injuries: The firm has received three incident reports of the quick release failing. No injuries have been reported. 

Sold at: Specialty bicycle stores nationwide from March 2015 through December 2015 for about $47 for the stainless steel quick release and about $84 for the titanium quick release. Wheel sets equipped with the quick releases were sold for between $1,000 and $3,600.

Distributor: SRAM LLC, of Chicago, Ill.

Manufacturer: Ful Chee Ent Co., Ltd., of Taichung City, Taiwan

Manufactured in: Taiwan

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

 

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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

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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, Recall, CPSC, Consumer Product Safety Council, SRAM, , Zipp Bicycle Quick Releases,

 

 


SRAM Recalls Zipp Bicycle Wheel Hubs Due to Crash and Injury Hazards

Name of Product: Zipp 88 aluminum front hubs

http://www.cpsc.gov/en/Recalls/2016/SRAM-Recalls-Zipp-Bicycle-Wheel-Hubs/

Recall Summary

Hazard: The hub flanges on the front hubs can fail, posing a crash and injury hazard.

Remedy: Replace

Consumers should immediately stop using bicycles equipped with the recalled front hubs and contact SRAM or local bicycle dealer for a free replacement hub.

Consumer Contact: SRAM at 800-346-2928 between 9 a.m. and 8 p.m. ET Monday through Thursday and 9 a.m. to 6 p.m. ET on Friday, or visit http://www.sram.com or http://www.zipp.com and click on “Recall Notice” for more information.

Recall Details

Photos available at http://www.cpsc.gov/en/Recalls/2016/SRAM-Recalls-Zipp-Bicycle-Wheel-Hubs/

Units: About 54,000 (In addition, about 2,900 were sold in Canada)

Description: This recall includes SRAM’s Zipp bicycle wheel hubs. The model names of the affected hubs are ZIPP 88v6, 88v7 and 88v8. The Z logo is printed on the hub. The wheel hubs come in black, silver and falcon grey. The diameter of the clinch nut is approximately 1.46 inches. Some of the hubs were sold as part of wheel sets installed on new bicycles. SRAM will post a list of affected bicycle brands and models on its website at http://www.sram.com.

Incidents/Injuries: SRAM has received one report in the U.S. of hub flange failure that could have led to wheel collapse. No injuries have been reported in the U.S.

Sold at: Specialty bicycle stores nationwide from May 2010 through January 2015. The front hubs sold for about $215. Complete front wheels with the hubs sold for between $1,035 and $1,325. The front wheel was also sold as a wheel set with a rear wheel for between $2,300 and $2,950.

Distributor: SRAM LLC, of Chicago, Ill.

Manufacturers: Prodigy Group, of Mooresville, Ind. and Decoletaje Y Fujacion, of Spain.

Manufactured in: U.S. and Spain

Note: Health Canada’s press release is available at: http://healthycanadians.gc.ca/recall-alert-rappel-avis/hc-sc/2016/57544r-eng.php

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, SRAM, Zipp Bicycle Wheel Hubs,

 

 


SRAM Recalls Zipp 88 Bicycle Wheel Hubs Due to Crash and Injury Hazards

Name of Product: Zipp 88 aluminum hubs for bicycle wheels

Hazard: The hub flange ring on the front hub can fail posing a crash and injury hazard.

Remedy: Replace

Consumer Contact: SRAM at (800) 346-2928 between 9 a.m. and 8 p.m. ET Monday through Thursday and 9 a.m. to 6 p.m. ET on Friday, or visit http://www.sram.com or http://www.zipp.com and click on Recall Notice for more information.

Units: About 12,000

Description: The aluminum hub shell is silver. The outside flange ring is gray aluminum in the standard option and blue, gold, gray, pink or red in the ZedTech options. The diameter of the two clinch nuts is approximately 1 inch. The first version of the 88 hub is the only one affected by the recall. The first version has the Z logo on the flange ring. The other versions – not affected by this recall – do not have the Z logo on the flange ring. The hubs were sold in five bike brands and sold separately. A listing of these brands and their model types can be viewed here: http://www.cpsc.gov/en/Recalls/2015/SRAM-Recalls-Zipp-88-Bicycle-Wheel-Hubs/

Incidents/Injuries: The company reports two incidents of collapsed front wheels. Both resulted in stitches, bruises and lacerations, plus a concussion in one case.

Remedy: Consumers should immediately stop using bicycles equipped with the recalled Zipp 88 front hub and contact SRAM for a free replacement hub.

Sold at: Specialty bicycle retailers nationwide. Front hub sold for about $215; front wheel with the hub sold for about $920; front and rear wheel set sold for about $2300 and bicycles with the wheel set containing the recalled hub sold for about $5,000 to $12,000. Items were sold between October 2008 and December 2010.

Manufacturer: Prodigy Group, Mooresville, Ind.

Manufactured in: USA

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

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

#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, Recall, CPSC, Consumer Product Safety Council, SRAM, Zipp, Zipp 88, Wheel, Hub, Wheel Set,