E-Z-Go TXT Golf Cars, Cushman Shuttles and Bad Boy Off-Road Utility Vehicles Recall Lawsuit

Posted on Dec 19, 2011 in Sporting Goods

Contact Attorney Elliot Olsen for a free consultation.

E-Z-Go, a Textron Company of Augusta, Georgia has recalled about 21,000 TXT E-Z-Go golf cars, Cushman shuttle vehicles and Bad Boy off-road utility vehicles after 71 reports of the ball joint breaking. An investigation of these incidents found that the threaded end of the rack rod ball joint can break and the ball joint can become displaced, causing the driver to lose steering control, increasing the risk of crash.

The recalled vehicles are gas- and electric-powered, four-wheeled vehicles with bench seats for the driver and passengers. The following models are included:

The brand and model names are printed on the side and front panels of the vehicles. Serial numbers are printed on a plate or label located on the exterior of the vehicle below the driver’s seat.

If you or someone you love was injured while on an E-Z-GO golf car, a Cushman shuttle or a Bad Boy Buggy, contact our law firm for a free consultation. The contact attorney for these cases is Attorney Elliot Olsen.

Nordica Agrees to Pay Penalty of $214,000 for Failing to Report Defective Skis

Posted on Oct 10, 2011 in Sporting Goods

The U.S. Consumer Product Safety Commission (CPSC) announced that Nordica USA, of West Lebanon, N.H., has agreed to pay a civil penalty of $214,000. The settlement resolves CPSC staff’s allegations that Nordica USA knowingly failed to report immediately to CPSC the safety defect and hazard with the “XBi ALU Skis” binding plates, as required by federal law.

CPSC staff allegations as listed in the settlement agreement between Nordica and the CPSC:

1. From August 2006 through December 2008, Nordica imported and sold to ski retailers about 4,500 pairs of XBI ALU Skis (“Skis”). The binding plates on the skis could crack or break causing the skier to lose control or fall and suffer injuries.
2. The Skis are “consumer products,” and, at all relevant times, Nordica was a “manufacturer” of those consumer products, which were “distributed in commerce,” as those terms are defined or used in sections 3(a)(5), (8), and (11) of the CPSA, 15 U.S.C. § 2052(a)(5), (8), and (11).
3. Beginning in December 2007, one of Nordica’s retail customers advised Nordica that it had received calls with comments about the Skis’ binding plates cracking and breaking. The retail customer requested replacement parts for the broken binding plates.
4. In March 2008, Nordica received a report from another retail customer about the Skis’ binding plates breaking. Also in March 2008, Nordica employees identified numerous incidents of the Skis’ binding plates cracking and breaking. Nordica advised the foreign manufacturer of the retail customers’ claims of the Skis’ binding plates cracking and breaking. Nordica asked the foreign manufacturer to provide Nordica with 25 pairs of replacement binding plates for the Skis.
5. Through April 2008, Nordica continued to receive reports of the Skis’ binding plates breaking. By the end of April 2008, Nordica knew of at least 20 claims of broken Skis binding plates.
6. On or about Aug. 4, 2008, Nordica received an in-depth epidemiologic investigation report from the Commission about the Skis’ binding plates breaking.
7. In September 2008, Nordica learned that the foreign manufacturer had redesigned the Ski’s binding plate. Nordica did not ask the foreign manufacturer until December 2008, why it had redesigned the Ski’s binding plate. At that time, Nordica learned that the foreign manufacturer had redesigned the Ski’s binding plate because of the cracking and breakage problem.
8. Nordica continued to investigate the binding plate problem throughout the fall of 2008. Nordica discovered that it had about 200 reports of warranty claims related to the Skis’ binding plates cracking and breaking.
9. Despite being aware of the information in paragraphs 7 through 12, Nordica did not report to the Commission until December 3, 2008. By that time, Nordica was aware of at least 200 reports of the Skis’ binding plates cracking and breaking.
10. Nordica obtained information that reasonably supported the conclusion that the Skis’ binding plates contained a defect that could create a substantial product hazard or that the Skis’ binding plates created an unreasonable risk of serious injury or death. This knowledge required Nordica to immediately inform the Commission of the defect and risk associated with the Skis’ binding plates, as required by section 15(b)(3) and (4) of the CPSA, 15 U.S.C. § 2064(b)(3) and (4).
11. Nordica knowingly failed to inform the Commission immediately about the Skis’ binding plates, as required by CPSA sections 15(b)(3) and (4), 15 U.S.C. § 2064(b)(3) and (4), and as the term “knowingly” is defined in CPS A section 20(d), 15 U.S.C. § 2069(d). This failure violated CPS A section 19(a)(4), 15 U.S.C. § 2068(a)(4). Pursuant to CPSA section 20, 15 U.S.C. § 2069, this failure subjected Nordica to civil penalties.

Nordica Ski Recall Information

This recall was issued in February of 2009. These are the products that were the subject of the dispute between CPSC and Nordica.

Name of Product: XBi ALU Skis

Units: About 4,500 pairs

Distributor: Nordica USA, of West Lebanon, N.H.

Hazard: The binding plates could crack or break, causing the skier to lose control or fall and suffer injuries.

Incidents/Injuries: None reported.

Description and Models: This recall involves the XBi binding component which has been utilized on the following Nordica ski models and model years:

Resistance Cord Recall Issued by Target Prompted by Eye Injuries Resulting in Vision Loss

Posted on Sep 9, 2011 in Sporting Goods

Our attorneys are investigating a recall by Target Corporation of about 447,000 Embark Resistance Cords and Cord Kits. A black plastic ball attached to the resistance cord’s door anchor can unexpectedly release and strike the user, posing an injury hazard to consumers.

Target has received three reports of incidents in which consumers were struck in the eye by the door anchor ball. Two incidents resulted in permanent vision loss, and the severity of the injury in the third incident is unknown.

This Target resistance cord recall involves Embark brand individual resistance cords and cord kits listed below. The resistance bands are made of green, blue or black rubber with black foam handles and a door attachment. A strap of nylon webbing is looped onto the band with a plastic ball attached or encased that serves as a door anchor. “Embark” is printed on either the black strap attached to the foam handle or on the middle of the rubber cord itself.

The recalled resistance cords were sold at Target stores nationwide and Target.com from July 2009 through August 2011 for between $10 and $20.

Target sold the recalled resistance cords nationwide: Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

Injury and Defects Prompt Baja Motorsports Recall

Posted on Jul 20, 2010 in 4 Feature Area, ATV, Children's Products, Main Feature Area, Sporting Goods, Toy

A serious burn injury to one child and many other defect reports have resulted in a Baja Motorsports Mini Bike and Go-Cart recall, according to the Consumer Product Safety Commission (CPSC).

Salomon Ski Boot Recall Due to Leg Fracture and Injuries

Posted on Jul 2, 2010 in 4 Feature Area, Main Feature Area, Sporting Goods

A Salomon USA ski boot recall is being issued after several reports of knee injuries and a fractured leg, according to the Consumer Product Safety Commission (CPSC).

Burn Injury Risk Prompts Fireworks Recall

Posted on Jun 29, 2010 in Main Feature Area, Sporting Goods

Due to a burn injury hazard, a burn injury product recall has been issued for Super Lightning Rocket Fireworks by Big Fireworks, according to the Consumer Product Safety Commission, (CPSC).

Almost 5,000 Super Lightning Rockets are being recalled by the Lansing, Michigan company because they are not compliant with federal regulations that designate the amount of explosive material that can be present in this product. These rockets are “overloaded with pyrotechnic composition,” according to the CPSC warning.

Burn Injury Fireworks Recall: Product Description

The rockets are 1.5 inches in diameter, mounted on a 32-inch wooden stick. They are wrapped in black paper with a solar system image background and “Super Rocket” printed on the label in various colors. Sold in packages of four, the recalled fireworks contain the item number GCR3150 on the front of the package and on the rockets themselves. They were sold from November 2009 through June 2010 at fireworks stores in the following states:

• Florida
• Indiana
• Pennsylvania
• Michigan

Consumers can contact Big Fireworks about receiving a refund, and should absolutely NOT use the hazardous fireworks.