Products Liability
Will Toyota Criminal Penalty Improve Safety?
Toyota agreed last week to pay a record $1.2 billion criminal penalty for misleading consumers and the government about unintended acceleration in its vehicles. This safety defect and others have resulted in numerous injuries and deaths. Over 10 million Toyota vehicles have been recalled so far.
This is the largest criminal penalty ever imposed on a car manufacturer. As part of the agreement, the Justice Department charged Toyota with wire fraud but deferred the criminal charge for three years while the company submits to government monitoring.
We have been reading about Toyota’s safety defects for many years now, along with the more important violation of trust: the Japanese automaker repeatedly failed to warn the public about safety problems. CNN reported last week that the company “at one point boasted internally about saving $100 million in costs by avoiding a full safety recall.”
To date, Toyota has paid out more than $66 million in fines for not immediately reporting defects. Several of these fines have been record-breaking. In 2010, the National Highway Traffic Safety Administration fined the company a record $16 million for its delayed response in notifying the government about defects. In 2012, the NHTSA fined the company an additional $17.4 million.
The company has faced numerous injury and wrongful death lawsuits. In addition to sticky pedals and unintended acceleration, unsecured floor mats and other equipment have caused safety hazards. Last October, an Oklahoma jury decided that defective electronics were to blame for a car accident which killed a woman and seriously injured another person. Toyota was ordered to pay $3 million in damages.
As for Toyota, U.S. Attorney General Eric Holder told the Detroit Press: “Put simply, Toyota’s conduct was shameful. It showed a blatant disregard for systems and laws designed to look after the safety of consumers. By the company’s own admission it protected its brand ahead of its own consumers.”
Still, consumers have continued to buy Toyota. The company was the top-selling automaker in 2012 and 2013, selling 9.98 million vehicles in 2013.
Related:
Toyota to pay $1.2 billion in settlement with U.S. over recalls, CNN.
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Healthy Lifestyle Wristbands Causing Skin Rash
As it turns out, a popular wristband for tracking sleep and exercise was actually contributing to poor health.
The Fitbit Force wristband has been recalled and pulled off the market after 9,900 reports it caused skin irritation. Another 250 consumers reported blistering. The product had only been on the market since October. The company has recalled about one million wristbands in the U.S. and 28,000 in Canada. The reactions can be caused by the stainless steel casing, materials used in the strap and adhesives used to assemble the product, the Consumer Product Safety Commission (CPSC) announced in its recall notice last week.
This recall involves Fitbit ForceTM wireless activity-tracking wristbands with model numbers FB402BK, FB402BKS, FB402SL and FB402SLS. Consumers should contact San Francisco-based Fitbit for a full refund. They can call (888) 656-6381 or visit www.fitbit.com and click on Recall/Safety info on the bottom right side of the home page.
The wristband serves as a pedometer, sleep monitor and watch. It is about ¾ inch wide and is made of plastic with a stainless steel casing and clasp and a small LED display screen.
The recalled wristbands had a wide distribution. They were sold at several major retailers, including AT&T, Apple Stores, Best Buy, Brookstone, Dick’s Sporting Goods, Radio Shack, REI, Sports Authority, Target and other stores. It was sold online at Amazon.com and Fitbit.com. Each was sold for about $130.
In a statement to the media, Fitbit said that “a thorough analysis by independent labs and medical experts revealed that the reactions reported by a small percentage of Force users were likely the result of allergic contact dermatitis.” The exact number appears to be in dispute as consumer watchdogs questioned the figures following the CPSC recall announcement. The company had previously issued a voluntary recall on its own on Feb. 21, offering a refund to consumers who wanted one.
Related:
Fitbit Recalls Force Activity-Tracking Wristband Due to Risk of Skin Irritation, Consumer Product Safety Commission
Reports of Rashes Spur Fitbit Recall, ABC News.
About Breakstone, White & Gluck
The Massachusetts product liability lawyers at Breakstone, White & Gluck have over 100 years combined experience handling injury cases involving defective products. If you have been injured, it is important to learn your rights. For a free legal consultation, contact us at 800-379-11379 or 617-723-7676 or use our contact form.
February Product Recalls: CPSC Urges Consumers to Look for Cedar Chests after Children’s Deaths
We share some of the February product recalls and notices issued by the Consumer Product Safety Commission (CPSC). Each year, thousands of unsafe products are recalled by the CPSC and other government agencies. The CPSC is now focused on the dangers of wooden chests, issuing a renewed call for the cedar chests which recently trapped two young children in Franklin and warning about other chests which have unsafe latches. Since 1996, the agency is aware of 34 reports of deaths involving wooden storage and toy chests.
Protect your family and home by taking a quick glimpse at this month’s list:
Renewed Search for Cedar Chests. On Feb. 27, the CPSC and Lane Home Furniture issued a call for the public to make a renewed search for the company’s cedar chests. On Jan. 12, a young brother and sister from Franklin suffocated to death in one of the chests while playing hide-and-seek. The CPSC investigation determined that the 75-year-old Lane cedar chest closed and automatically latched shut, locking the children inside.
The chest should not have been in use with the defective locks. In 1996, the Lane Company recalled 12 million similar chests which were made between 1912 and 1987. By 1996, six children had suffocated inside the cedar chests. By 2000, a seventh child had suffocated and two others had nearly died. The company has offered new hardware so the chests will no longer automatically latch shut, but reports estimate there are still 6 million chests which need the repair.
Consumers may have one of these chests in their homes even if they do not realize it. Some may have been purchased at second-hand stores or passed down through families. In the Franklin case, the CPSC said the chest was purchased at a local resale store about 13 years ago. Consumers can look for these names inside the cedar chests: “Lane” and “Virginia Maid.”
If you have a chest, you should immediately remove the latch and contact Lane for the replacement hardware. Read the recall notice.
Infantino Recalls Teething Toys Due to Choking Hazard; Sold Exclusively at Target
Infantino has recalled about 191,000 teething toys sold at Target. The toy was the “Go Gaga Squeeze & Teethe Coco the Monkey.” The company received seven reports of infants choking or gagging on the monkey’s tail. No injuries have been reported. The toys were sold at Target stores nationwide and online from December 2012 through January 2014 for $13. Consumers should take these toys away from young children and contact Infantino for a free replacement.
BebeLove Recalls Baby Walkers Due to Fall and Entrapment Hazards
BebeLove Baby Walkers were recalled for not meeting federal safety standards. BebeLove USA recalled about 3,600 models sold on Amazon.com, Overstock.com and small retailers in California, Arizona and Utah from November 2011 through July 2013.
Consumers can are advised to stop using the product and contact BebeLove for a free repair kit.
No injuries have been reported, but the CPSC reports that style number 358 can fit through a standard doorway and is not designed to stop at the edge of a step as required by the federal safety standards. In addition, style number 368 has leg openings which allow a child to slip down to the point their head can become entrapped at the neck. The CPSC said children using these walkers can be seriously injured or killed.
Rowe Fine Furniture
Rowe Fine Furniture recalled about 220 Ottomans due to a risk of suffocation. No injuries were reported, but the company learned a child became trapped in an Ottoman after a sibling closed the lid on the storage compartment. Consumers can contact Rowe for a free replacement lid and a warning label.
What to Know About the the Graco Child Safety Seat Recall
Parents across the country are checking their backseats after Graco issued one of the largest child safety seat recalls in history this week. It may not be the last recall either; the Georgia-based company is facing pressure from the National Highway Traffic Safety Administration (NHTSA) to recall 1.8 million additional seats.
Graco recalled 3.7 million car seats manufactured between 2009 and 2013, the fourth largest recall ever for safety seats and the largest in five years, according to media reports. The NHTSA announced Tuesday that Graco was voluntarily recalling 11 models, though the agency had sought recalls of 18 models. The agency has stated it could take legal action to force the recall of the other models, which are rear-facing models for infants.
The car seats have defective buckles, which can be difficult to unlatch or become stuck. Graco said it was not aware of any injuries resulting from the car seat, but the New York Times reports the NHTSA began investigating Graco in 2012, after parents complained to regulators about having to cut children out of the seats from straps. One parent said it took her 45 minutes to loosen the straps enough to pull her daughter out.
But there is at least one case of serious injury. In a Jan. 14 letter to Graco, the NHTSA noted the company was a defendant in a wrongful death lawsuit in Los Angeles Superior Court in which a two-year-old child was killed in a fire following a car crash. The child was traveling in a Graco Nautilus car seat. The company has said the wrongful death case was resolved by a confidential settlement agreement.
Read the full list of recalled car seats. Parents who have defective car seats can contact Graco for a free replacement buckle. Graco says the seats are safe to use until parents obtain a replacement, but the NHTSA is urging parents to find other seats until they receive the new buckles.
Parents want to be able to trust the car seats, strollers and cribs they use to care for their children. Because these are important purchases, many parents and family members spend time researching and reading consumer reviews on Internet shopping sites such as Amazon.com before purchasing.
These reviews are helpful, as is feedback from other parents. But there are a few other steps parents can take:
Mail in the product registration. You want to make sure the company knows you have its product and need to be notified of any defect or recall and be included in the remedy process.
Do your research. Search the NHTSA database for car seat recalls.
Car seat inspection. Visit this NHTSA website page to search for sites where you can get your car seat inspected. Watch as the certified professional fits your child’s car seat and what to watch as you go about your daily driving routine.
Check your product. Remember a few basics about all children products, from toys to car seats. First, make sure they do not have small parts which can easily break and become a choking hazard. Make sure your child can move freely in seats with straps. Make sure the product can fully support your child by reading the age and weight requirements.
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Product Recalls in January: Baby Strollers, Walmart Table Sets
A few weeks ago, two young children in Franklin tragically died after becoming trapped in a defective wooden hope chest during a game of hide and seek. We follow reports of defective products carefully, and we now share some of the January product recalls issued by the Consumer Product Safety Commission (CPSC). That agency is charged with protecting the public from unreasonable risks of injury or death associated with consumer products.
Britax Stroller Recall
Britax recalled 225,000 strollers last week due to the stroller’s folding mechanism, which poses a risk for partial fingertip amputation. The company had received eight incident reports, including one partial fingertip amputation, one broken finger and severe finger lacerations.
Consumers are advised to stop using the recalled strollers immediately and contact Britax for a free repair kit.
The recall involves these models: Britax B-Agile, B-Agile Double and BOB Motion Strollers. They were sold at major retailers and juvenile product stores nationwide from May 2011 through June 2013. They were also sold through Amazon.com, ToysRUs.com and other online retailers. They sold for between $250 and $450.
In recent years, Maclaren USA has also recalled strollers with hinges which posed an amputation risk. In 2009, Maclaren USA recalled one million strollers after 12 reports of fingertip amputations and three other incidents. The company re-issued the recall in 2011. By that time, it had received a total of 149 reports, including 17 reports of fingertip amputations and other injuries, including lacerations and fingertip entrapments/bruising.
Pacifier Recalls
There were two recalls related to pacifiers this month. On Jan. 22, Playtex recalled 1.25 million pacifier holder clips in the U.S. and 150,000 in Canada. These clips attach the pacifier to clothing, diaper bags and strollers.
Playtex received 99 reports of the holder cracking or breaking. No injuries have been reported. Consumers are advised to stop using the product and contact Playtex for a full refund.
Last week, Fred & Friends recalled three models of its “Chill Baby” pacifier line, including 183,000 in the United States and 17,000 in Canada. The pacifiers have novelty features which can detach and do not meet federal safety standards. No injuries have been reported but consumers are advised to stop using the pacifiers and return them to Fred & Friends for a $12 refund.
Gree Dehumidifier Recall Expanded
In September, Gree recalled 2.2 million dehumidifiers under 12 brand names because they posed a risk for fire and burns. It expanded this recall last week, adding another 350,000 dehumidifiers under the GE brand name in the U.S. and 2,700 in Canada. The company had received 16 reports of incidents, including 11 reports of overheating with no property damage and 5 reports of fires associated with $430,000 in property damage.
The previous recall was associated with more than 71 fires and $2,725,000 in property damage. No injuries have been reported.
These dehumidifiers were manufactured by Gree Electric Appliances of China and imported by GE Appliances of Louisville, Kentucky. They were sold from April 2008 through December 2011 at Sam’s Club, Walmart and other stores in the U.S. and Canada. They were also sold on Amazon.com and Ebay.com. They sold for between $180 and $270. Consumers are advised to stop using the dehumidifiers and contact Gree for a refund.
Walmart Card Table and Chair Sets Recalled
Walmart recalled its Mainstays five-piece card table and chair set earlier this month because the chairs can collapse and may pose a risk of finger injury, including amputation. The retailer received 10 reports of injuries, including one finger amputation, three fingertip amputations, sprained or fractured fingers and one report of a sore back.
These table sets were sold in Walmart stores and online from May 2013 through November 2013 for about $50. On the bottom of the chairs, they have a label which reads: “Made by: Dongguan Shin Din Metal & Plastic Products Co,” or “Made by: Taiwan Shin Yeh Enterprises”, is printed on a white label on the bottom of the chairs.
Consumers are advised to stop using this product and return to Walmart for a full refund.
Related:
Consumer Product Safety Commission website.
Strollers Recalled by Britax Due to Partial Fingertip Amputation Hazard, CPSC.
Gree Expands Dehumidifier Recall to Include GE Brand Dehumidifiers Due to Serious Fire and Burn Hazards, CPSC.
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Attorney David White Discusses Product Recalls on Fox 25 TV
Last weekend, two young children in Franklin tragically died after getting trapped in a defective wooden hope chest during a game of hide and seek. The chest was one of 12 million manufactured by the Lane furniture company of Virginia between 1912 and 1987.
Attorney David White from the Boston product liability firm, Breakstone, White & Gluck, commented on ways consumers can avoid injuries from defective products, including second-hand goods.
According to reports, the Franklin children were probably playing a game when they got into the chest and the lid closed. The lid automatically latched shut when closed and could not be opened from the inside. When the family purchased the second-hand chest 15 years ago, they had no warning of the defect or the fact that the product had been recalled.
Boston News, Weather, Sports | FOX 25 | MyFoxBoston
The chests were recognized as defective after four children were trapped in them and died prior to 1996, leading to a product recall 1997. In 2001, Lane paid a $900,000 civil penalty to the Consumer Product Safety Commission (CPSC) to settle claims that it had provided late notice of the deaths to those four children.
Even after the recall, probably six million of the chests still have the defective locks. Although there have been sporadic efforts to notify the public of this widespread and serious hazard, it is not clear how aggressively Lane has tried to make sure the defective latches are either removed or replaced.
White, a Boston attorney who specializes in injury and liability cases, said companies have a responsibility to inform clients of recalls and stores have a responsibility not to sell recalled products, but sometimes consumers still do not receive notice, including in cases involving products purchased in second-hand stores. He said defective products are causing injury.
White told Fox 25 that the problem is no one registers a hope chest with a company as they would an electronic product such as a new television. His safety tips:
1) Consumers can learn what hazard signs to look for in products and remove unsafe products on their own, even if they have not been recalled.
2) A few products to watch carefully:
- Cribs, car seats, bassinets, strollers and other products which hold babies.
- Products with small pieces that break off.
- Novelty toys with magnets which children can easily swallow. These have been recalled.
3) Consumers can check the CPSC website for recalls.
4) Read age-appropriate labels on toys. Your younger children may not be old enough to play with their older siblings’ toys.
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More than 33,000 Child Car Seats Recalled
Combi USA announced a recall of over 33,000 car seats last week and said parents should expect repair kits starting in February.
Combi USA recalled its Coccorro, Zeus, Turn and Zeus 360 models made through January 2013. The National Highway Traffic Safety Administration (NHTSA) reports the seat straps do not meet minimum requirements. Children may not be properly secured in case of a car accident.
The Charlotte, N.C. company said one part of the harness failed strength tests, but the harness as a whole meets safety standards. Seats made after January 2013 do not have this defect.
Combi USA will notify owners who have registered their products and mail out free harness replacement kits starting in February.
What to Know About Child Safety Seats
Choosing a safe car seat and learning how to properly install it is a struggle for many parents. There are a number of resources to help make the process easier.
Product Recalls.The Consumer Product Safety Commission (CPSC) website provides updates on product recalls. This recall was reported in the media and not listed on the website, but most recalls can be found there.
NHTSA. The National Highway Traffic Safety Administration provides online resources about child seat safety ratings.
State of Massachusetts. In Massachusetts, children must use some type of child passenger safety seat until they are 8 years old or weigh 57 pounds. All seats must meet federal standards. Read what types are appropriate for each age.
Local Police Departments and Organizations. Your local police may have an officer who has been specially trained to fit car seats. This is a free service.
Related:
Combi USA Recalls More than 33,000 Child Seats, ABC News.
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After a Child’s Death, Nearly 3 Million IKEA Children’s Lamps are Recalled in U.S.
Parents who shop at IKEA should be aware of a far-reaching product recall involving a children’s lamp which has been blamed for a 16-month-old’s death.
On Dec. 11, the Consumer Product Safety Commission (CPSC) announced the recall of IKEA children’s wall mounted lamps sold from July 1999 through May 2013. A total of 23 million of the SMILA-series wall mounted lamps were sold around the world. Of these, 2.9 million were sold in the United States and 1.1 million in Canada.
The recall follows two tragic incidents in Europe. In one case, a 16-month-old child in a crib died after becoming entangled in the lamp’s cord. In another incident, a 15-month-old became entangled in the cord and was nearly strangled.
Consumers are instructed to stop using the recalled lamp and contact IKEA for a free repair kit.
The lamps were recalled by IKEA North America, of Conshohocken, Pennsylvania. IKEA is a Swedish company which sells home furniture. The company has 340 IKEA stores in 42 countries. The company has 38 stores in the United States, including one on Route 24 in Stoughton, which opened in 2005. This is the only Massachusetts IKEA store.
The defective wall lamps were sold in eight designs through IKEA’s stores, catalog and ikea-usa.com for between $10 and $13.
What Consumers Should Know
Here is the IKEA lamp recall notice. The lamp was sold in eight designs, including a blue star, yellow moon, pink flower, white flower, red heart, green bug, blue seashells and an orange horse. The lamps are about 11 inches by 11 inches and have a seven-foot long electrical cord. Model numbers are included in the recall notice.
Parents who contact IKEA for a repair kit will be given self-adhesive fasteners to attach the lamp’s cord to the walls along with safety instructions.
Recalls Related to Children
Each year, the CPSC announces recalls dozens of dangerous toys. For 2012, the agency estimates that toy-related injuries resulted in 192,000 visits to U.S. hospital emergency rooms.
The dangers poorly made toys can pose is well known and always in the spotlight around the holiday shopping season. But the public often overlooks the dangers in other children’s products, which are often used even more frequently than toys. In 2013, a number of defective children’s products were recalled, including bunk beds which posed an entrapment risk, children’s utensils, children’s hooded sweatshirts with drawstrings, pajamas and baby strollers. See the link below to learn more.
Related
Summary of 2013 product recalls, Safe Kids Worldwide
IKEA Recalls Children’s Wall-Mounted Lamps Due to Strangulation Hazard; One Child Death Reported, Consumer Product Safety Commission.
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December Product Recalls Include Holiday Decoration, Baby Carrier
The Consumer Product Safety Commission (CPSC) announced several recalls last week, including a popular holiday decoration and two children’s products. The commission also announced its annual list of winter-related products which were recalled during other seasons.
Yankee Candle Ring
The Yankee Candle Company recalled about 15,000 pine berry candle rings in the U.S. and 2,000 in Canada. They pose a fire risk because of the synthetic foliage, berries and cones ornamentation. No injuries have been reported. The recalled rings were sold in Yankee Candle and Hallmark stores nationwide from September 2013 through October 2013. They were sold for between $8 and $10 at these stores, as well as through Yankee Candle catalogs and Yankeecandle.com. Consumers are asked to return candles to the nearest Yankee Candle store for a full refund. See the CPSC recall notice.
Playtex Hip Hammock Infant Carriers
Playtex is offering parents a full refund after recalling a baby hammock-style carrier. Playtex Hip Hammock infant carriers were recalled because they pose a fall hazard to children. About 305,000 baby carriers were recalled in the U.S. and 36,000 in Canada.
The company received 87 reports of the product’s buckles cracking or breaking. Two reports involved injuries, including one infant who required care at a hospital emergency room.
Consumers are instructed to stop using the carrier and contact Playtex for a full refund. These carriers were sold from June 2004 to December 2008 in the U.S. and through January 2010 in Canada. Purchase price was about $40 for the basic model and about $60 for the deluxe model.
In the U.S., the baby carrier was sold at Burlington Coat Factory, Target, Amazon.com and other baby and discount stores.
The carriers are designed for children 15 to 35 pounds and are made of a suede fabric in black and navy. They have black, black and white check and burgundy lining on the inside. Read the CPSC recall notice for model numbers.
Cubetensils Children’s Eating Utensils
Edoche Inc. recalled about 1,100 children’s spoon and fork sets because the handle can detach, posing a choking hazard for infants. The Seattle, Wash. company received one report of a handle detaching and a baby putting it in their mouth. No injuries were reported.
The utensils were sold in seven different designs and patterns from May 2012 through November 2013 for about $8 per set. They were sold at retailers and specialty stores nationwide, along with Amazon.com and ebay.com. Consumers can contact Edoche for a full refund. Read the CPSC recall notice for more information.
Consumer Product Safety Commission Website
If you have never used this website, it is a great tool to become familiar with in the New Year. You can find the latest product recalls and more information about ones you learn about in the news. But often, product recalls are not picked up by the news media so it is important to seek out the information yourself periodically. If you use Facebook, you can also stay up-to-date by following our page, where we often report on recalls.
Boston Massachusetts Personal Injury and Medical Malpractice Lawyers | Promote Your Page Too
Here is one page from the CPSC website which may help you now: “Check for These Winter Products Recalled Last Summer.”
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Watch Out for This Recalled Children’s Toy
The Consumer Product Safety Commission (CPSC) announced several product recalls last week, including one for a dangerous child’s toy which can cause choking and which has been involved in a death. Also recalled were a high-end bicycle with defective brakes and a flat screen television which can overheat and catch on fire.
Doodlebutt Recalls Jelly BeadZ Jumbo BeadZ and Magic Growing Fruity Fun Toys Due to Serious Ingestion Hazard
About 1,500 of these small water-absorbing toys have been recalled by the importer, Doodlebutt of Lehigh Acres, Florida. The Jumbo BeadZ toys are marble-sized water absorbing balls and the Magic Growing Fruity Fun toys are water-absorbing polymer shapes, such as apples, bananas, butterflies and cherries.
The CPSC is aware of one incident in which an 8-month-old girl ingested the ball and it had to be surgically removed and two cases outside the United States, including one resulting in death.
The CPSC warns children can mistake the toys for candy and when swallowed, they can expand inside a child’s body. The toys can absorb 300 to 500 times their weight and grow up to eight times their original size. Children can suffer vomiting, dehydration and life-threatening injuries. Another problem is similar toys have not shown up on x-rays.
The toys were sold through Amazon.com from February 2012 to September 2013 for about $9. Consumers are advised to take the products away from children immediately and stop using the product. They can contact Doodblebutt for a full refund. Read the CPSC recall notice.
Eight Retailers Recall 32″ Coby Flat Screen Televisions Due to Fire and Burn Hazards
Eight retailers have recalled the 32″ Coby Flat Screen Television due to fire and burn hazards. These retailers have initiated the recall because Coby USA, the product importer and distributor, has gone out of business.
The CPSC has received reports of six incidents involving televisions overheating, smoking or catching on fire. No injuries were reported, but there was some property damage. In two cases, televisions caught on fire and one also scorched a wall.
Consumers are told to turn off and unplug the televisions and contact their retailer. Retailers may offer different remedies, which may include a refund, store credit, gift card or replacement TV. About 8,900 of the televisions were sold through:
Sears/Kmart
Toys R Us
ABC Warehouse
Fry’s Electronics
h.h. Gregg
Nebraska Furniture Mart
P.C. Richard & Son.
Online retailers
BestBuy.com dealtree.com
techliquidators.com
bestbuy.dtdeals.com
The televisions were sold nationwide from August 2011 through November 2013 for between $170 and $260.
Read the CPSC recall notice for the model numbers involved in this recall.
Trek Recalls Madone Bicycles Due to Crash Hazard; Front Brake Can Fail
Trek has recalled several models of its year 2013 Madone bicycles after five reports of loose front brake attachment bolts. No injuries have been reported, but consumers are advised to stop using the bicycle and take it to a Trek dealer for a free replacement front brake system. The bicycles were sold nationwide from July 2012 through this month for between $3,400 and $6,300 and for custom models, up to $15,000. About 6,300 bicycles are involved in this recall. Read the CPSC recall notice.
Other Recalls:
Shaws Industries Recalls Carpet Due to Fire Hazard; Sold Exclusively at Lowe’s Stores
Hobby Lobby Stores Recalls Accent Chairs Due to Risk Injury
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