UVEX Bicycle Helmets being recalled

Identifying Information: This recall involves seven models of UVEX helmets. The helmets come in a variety of colors with different colored chin straps. The helmets have a model number inside the helmet under the fitting pad on the top right side. The affected helmet model numbers are XB017, XB022, XB025, XB027, XB032, XB036 and XB038.

Remedy UVEX Sports Inc. toll-free at (844) 767-0656 from 9:30 a.m. to 6:30 p.m. ET Monday through Friday, or online at http://www.uvex-sports.us and click on “Recall” for more information.

Units: 46,800

Year Manufactured: September 2009 through June 2014 for about $100 to $260.

Incidents/Injuries: None reported.

Uvex Sports GmbH & Co. KG, Germany

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.

 

 

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A helmet manufacture understands the issues

Uvex has been selling ski and bicycle helmets for a while. Their helmets, from a legal standpoint, are about like everyone else’s. You can argue color, shape, design or air flow makes them standout, but the legal reality is Uvex helmets are a one-hit helmet just like everyone else’s. However Uvex has realized and have eliminated a flaw in their protection plan for customers. All helmet manufactures for the skiing, biking and other industries had missed a major component of head injuries.

Head injuries come in two different types, 1.) Bruises and cuts and 2.) Concussions. Most helmets do an adequate job of protecting against bruises and cuts to the head. At the same time, a plastic bowl and duct tape will also do a fairly good job for a lot less money. Concussions are the real threat to the long term health of participants.1

One of the major sources of concussions is blows to the jaw2. That is why football players and many other sports participants wear a helmet and a mouthguard.

Mouthguards protect three ways. Mouthguards protect against neck injuries, they protect teeth and they protect against concussions3. The protection against concussions is the most important thing a mouthguard does.4

At present The American Dental Association5 recommends wearing custom mouthguards for the following sports: acrobats, basketball, boxing, field Hockey, football, gymnastics, handball, ice hockey, lacrosse, martial arts, racquetball, roller hockey, rugby, shot putting, skateboarding, skiing, skydiving, soccer, squash, surfing, volleyball, water polo, weightlifting, wrestling.6 This list is old and has not kept with the increase in the variety of sports people are undertaking today.

Mouthguards take on an even bigger role in sports where the injuries to the head occur by hitting the jar or face such as skiing, biking and whitewater rafting.

Uvex has recognized this issue and is now selling an LP Mouthguard along with their ski and bike helmets. The mouthguard appears to be like those we used in junior high (way before middle school) football. It can be custom formed by boiling the mouthguard and then forming it to your teeth.

If you are serious about protecting yourself or your customers from injuries, then you need to understand the issues.

  1. What are the real types of injuries my customers face?
  2. What protections are available?
  3. What protections that are being used by the industry work?
  4. What protections being used by the industry don’t work?
  5. Why?

Based on the research from other sports, a person wanting to protect against head injuries should be wearing a helmet and a mouthguard. Thanks Uvex.

1 Journal of Athletic Training

2 For the Dental Patient

3 American Dental Association

4 Sportsguard Laboratories, Inc.

5 American Dental Association

6 Sports Dentistry

 

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