Class-Action Lawsuit Alleges Dumbbells Were “Defective” After Recall
A recent class action lawsuit alleges that Tzumi Electronics manufactured and sold the now-recalled FitRx brand dumbbells that were defective and posed a considerable safety risk to consumers. The plaintiff claims the FitRx adjustable dumbbells had a defect that could cause its weight plates to dislodge during use, which posed a serious impact hazard. The plaintiff argues that Tzumi, which issued a recall for 12,400 FitRx dumbbells in March, failed to disclose that its product was defective and continued to sell the product even after knowing about the safety risk.
According to the lawsuit, a manufacturer must explicitly disclose a defect after discovering the defect and either correct the defect or stop selling the product. The plaintiff hopes to represent a nationwide class of consumers who purchased the recalled dumbbells as well as a subclass of consumers in New York.
According to the plaintiff, the recall failed to offer a permanent fix for the defect, and the dumbbells have been devalued as a result of the recall. “In all, Defendant’s Recall amounts to time and dollars needlessly taken from Plaintiff and other Class Dumbbell owners,” the lawsuit states. The plaintiff claims the manufacturer is guilty of unjust enrichment, negligent failure to warn, negligent design defect, strict liability, and fraud by omission or fraudulent concealment in violation of New York General Business Law.
Understanding claims of product liability
Lawsuits filed against product manufacturers generally make one of three allegations.
- They claim that the product is intrinsically defective, and this led to an injury
- They claim that the product has a marketing defect that causes injury.
- They claim that the company that manufactured the product failed to warn consumers about a known danger or defect with the product.
Consumers can file product liability lawsuits against both the manufacturer of the product and the retailer that placed the defective product into the stream of commerce.
Defective dumbbell lawsuits
The aforementioned is not the only lawsuit filed against a manufacturer of dumbbells. Powerblock Inc., the maker of the self-proclaimed “World’s Best Dumbbell,” was hit with a class action lawsuit alleging their dumbbells are made with substandard quality materials and do not perform as advertised. The plaintiff filed the PowerBlock class action lawsuit in Florida federal court on behalf of himself and a proposed class of consumers who purchased PowerBlock Urethane Series Dumbbells since 2010.
The lawsuit alleges that the PowerBlock dumbbells do not perform well and tend to fail in warm environments. The Urethane Series dumbbells are reportedly made using a urethane coating on the weight plates. When exposed to hot conditions, the coating can crack and break. This defect creates a significant safety hazard because the weights can (and have) failed during exercises.
Talk to a Florida Product Liability Lawyer Today
The Florida product liability lawyers at Halpern, Santos & Pinkert represent the interests of plaintiffs in lawsuits filed against companies that produce dangerous or defective consumer products. Call our Florida personal injury lawyers today to schedule an appointment, and we can begin investigating your claims right away.
