On October 4th, 2019
, Fit For Life issued a recall for its SPRI Ultra Heavy Resistance Bands
. The rubber bands were improperly made and could separate from the plastic handles during usage. 95,000 of the units
The bands are black in color with nylon webbing
, and the letters SPRI are located on the handles
, in white lettering. The model number is 02-71669
and can be found on the bottom of the package, while there are three different identifiers: KN08/18, KN09/18, and KN10/18
that can be found on the handles. The bands were manufactured in China and imported in Fit For Life’s New York center, and distributed at Walmart stores (and online). They were sold between August 2018 and July 2019 for $10.
To date, the company has received 10 separate reports of the bands failing and separating
. In six incidents, individuals were afflicted lacerations, contusions, and abrasions
. The bands could separate and strike consumers, or they could separate and cause the consumer to fall back, fall down, plummet, or tumble from the sudden change of resistance
The company has recommended that people stop using the bands for any exercise activities at once
. To remedy the situation, Fit For Life has offered either a refund in store credit for the amount equal to the band, or a completely free replacement for the band. Either one can be sought, but only one can be claimed.
Accidents with Resistance Bands
Resistance bands are used in many exercises. You can stand on them and pull, or latch them around a pole or bar for light physical therapy. You may loop them around a pull up bar and lean back, or even tie them multiple times to hang from them. Some people use them for balance, as well.
The risks of accidents with resistance bands are very high
. If a resistance band breaks while you have your hands behind your back, for example, you could fall very fast to the floor with no way to break the impact. You can easily break your nose and cause other facial injuries. You may also suddenly fall from a broken band and have to throw your hands out to catch yourself, resulting in broken or sprained wrists and hands.
If a band snaps, the tension can cause a laceration
. A loose band can hit your eyes and cause corneal or retinal damage, or it can cause welts or bruises on other parts of the body. The bands have been noted to cause lacerations and cuts as well when they break. Ocular injuries are among the most severe, though, and permanent blindness may arise from the damage.
Procedure To File A Product Liability Claim Against Fit For Life
If you intend to file a product liability claim against Fit For Life due to a broken resistance band
, you will need ample evidence and proof to do so. Your first step before even considering a lawsuit, though, should be to go to the doctor to get treatment. You may have serious injuries that need to be fixed, and your health should be the most important priority.
It is also beneficial to your claim to go to the hospital quickly. If you wait too long between the incident and the visit, the insurance agent handling your case can be dubious about the nature of your injuries. A gap indicates that the injuries were either not that serious or that they occurred elsewhere. He can claim that you were hurt in a different incident and you are trying to blame them on the broken resistance band
From the hospital visit or doctor’s visit, you can hold on to medical receipts, insurance claims, treatment notes, and more. This will bolster your evidence.
It will be worthwhile for you to get as many pictures of your injuries as you can
, as well as photo or video proof of the bands and the defects. Additional evidence can only help.
There is the chance that other individuals were with you when the incident happened. You may have been at a gym and the incident was captured on camera, even. You could feasibly get the security footage showing the incident unfold
, or you could ask the other people for their statements and testimonies about it. The more perspectives you have supporting your claim, the better off you will be.
Learn more about your legal options: call (888) 649-7166 with a representative now.
You should not return the item to the store, exchange it, or request a refund for it. You should also not try to fix it or take it back to be repaired. If you do any tampering with the item or release it from your possession, you will lose the most important piece of evidence for your claim. If you try to fix the item yourself, you also risk the company claiming that the damages were caused by you, and there was no defect present.
You may still have receipts and proof of purchase documents
showing that you bought the item. You can procure these documents or bank statements showing that you bought the band and you were not simply using one that did not belong to you.
Once you have gathered all of your evidence, you should go to a lawyer with experience in product liability lawsuits. An expert attorney will be able to help you with your case and sift through your evidence, write the demand letter, submit it to the insurance agency, and negotiate a fair deal. We know that the legal process can be confusing and troublesome, and if you have not taken legal action in the past, you may not have any idea of what to do. You should leave the claim up to the experts who can ensure that you are properly paid for your losses.
Deadline To File A Lawsuit Against Fit For Life
The statute of limitations is the time during which you can file a product liability lawsuit. In California, the statute of limitations on personal injury claims
is 2 years from the date of the injury. If you do not sue within that period, you will not be able to collect any compensation in the future. Your claim will essentially be thrown out and you will not be able to pay off any debts.
The statute of limitations exists so that the claims do not sit around stagnant for a while and so plaintiffs do not wait for opportune moments. If you wait too long, it would be unfair for the defendant to have to procure evidence that may be decades-lost. Therefore, each party has 2 years to get their evidence in order. You can make sure that everything is well-preserved and that all accounts are accurate.
There is the chance that the statute of limitations can be extended, though. This will lengthen the 2-year limit a certain amount depending on the situation. For example, individuals who were under the age of 18 years old at the time of the incident can wait until they turn legal age to sue, which may result in a statute of limitations of more than 4 or 5 years. Further, some individuals may have been left incapacitated afterward, such as from a fall. The statute of limitations would begin when they return to health.
If you do not know how much time is left on your claim, you can call us for more assistance. We will gladly file the claim on your behalf to ensure that you do not miss any important deadlines.
Find out more about how we can help you. Call (888) 649-7166 to speak with a representative now.
Product Liability Lawsuit Compensation
Our team of expert lawyers will fight around the clock to bring you every penny you deserve from a product liability claim.
If you are in need of coverage for various debts and expenses, we will strive to win you the maximum settlement available. Our attorneys seek the following damages:
- Medical bills from the past and future for surgery, hospitalization, medication, physical therapy, and more
- Lost income from the past and future for wages you could not earn because you could not work
- Pain and suffering damages, such as anxiety, PTSD, fear, emotional trauma, and more
- Property damage for any items that were broken from the incident and reimbursement of the cost of the product
We won’t give up until we are satisfied with the result we bring you.
How We Help
The Downtown LA Law Group
has a team of expert product liability attorneys with years of collective experience in such cases. We know the best strategies to win your claim, and we never give up on our cases. We treat all of our clients with respect and transparency, and we will always be available to answer your questions. Our lawyers are known for their history of success and for aggressively pursuing every penny available, even if it means going to court to fight for your rights in front of a jury and judge.
Call our offices today to set up a free legal consultation to discuss your product liability case
. All consultations are totally confidential – none of your details will be shared outside of our offices.
If you hire us to represent you, we will give you our zero fee guarantee. This means that we will only get paid if we win, and the money will come from the insurance company. If we lose, we take no money at all. Either way, you won’t have to dip into your savings to cover our expenses.
to the Downtown LA Law Group
at once to sue Fit For Life
for an accident from an SPRI Ultra Heavy Resistance Band