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:

Target Stool Recall Due to Risk of Fall Injury

Posted on Aug 24, 2011 in Uncategorized

Note: If you know of an elderly person who has this stool, please pass on this recall information. One fall by an elderly person can result in permanent injury.

Target Corporation of Minneapolis, Minnesota, has recalled about 341,000 step stools. The wooden step stools can break apart or collapse under the weight of the user, posing a fall hazard.  Target has received 27 reports of the stools breaking or collapsing. Fourteen incidents involved children, eight involved adults, and five incidents where the user’s age was unknown. Two adults fractured their wrists, and of those victims, one also fractured her hip and pelvis. Additionally, six children and one adult suffered scrapes and bruising.

The wooden step stool has two steps and comes in various colors, including natural, natural and red, white, pink, blue and honey. The Circo step stool has a lid on the bottom step that lifts to provide storage. The Do Your Room (DYR) step stool has a lid on the top step that lifts to provide storage. The step stools measure approximately 13″ H x 13 5/8″ W x 14 1/8″ D. The Circo brand name or DYR brand name and UPC numbers are printed on a label found underneath the step stool. The following step stools are included in this recall:

The recalled step stools were sold at Target stores nationwide and online at Target.com from January 2007 through October 2010 for between $25 and $30.

Consumers should immediately stop using the step stools. If no one has been injured on the step stool, return them to any Target store to receive a full refund. If someone has been injured, contact our attorneys for a free consultation regarding a lawsuit against Target for broken bones or other serious injuries.

Fall Hazard Leads to Primal Vantage Hunting Stand Recall Expansion

Posted on May 20, 2010 in 4 Feature Area, Main Feature Area, Sporting Goods

Primal Vantage Company is expanding its original Ameristep Plastic Strap-On Tree Step hunting stand recall due to a fall hazard, according to the Consumer Product Safety Commission (CPSC). The firm has received six reports of steps breaking and two reports of hunters being injured from falling off the defective hunting stands.

Bus Wheelchair Lifts Can Tip; Potentially Injure Passengers

Posted on Apr 15, 2010 in 4 Feature Area, Bus, Main Feature Area

A wheelchair lift defect can cause injury to passengers and bystanders, according to a recall announcement by the National Highway Traffic Safety Administration (NHTSA).

Glaval Bus Division is recalling several 2007-2010 model transit buses with wheelchair lift defects. The recalled defective buses are equipped with certain Ricon S-series and K-series L-model wheelchair lifts that have a software defect which could cause the lift platform to stop at an angle, which could cause a person in a wheelchair to tip over, posing a fall hazard to that person and bystanders.

Graco High Chair Recall due to Injuries and Falling Hazard

Posted on Mar 18, 2010 in 4 Feature Area, Children's Products, High Chair, Main Feature Area

A Graco Harmony high chair recall has been issued after 24 fall injuries reported, according to the Consumer Product Safety Commission (CPSC).

There have been 464 incidents of loose screws and/or cracked brackets in the high chairs, which have caused the high chairs to tip over, according to reports made to Atlanta-based Graco Children’s Products Inc.