United National Closeout Stores issued a recall for its ISO7X Isometric Exercise Devices on November 19th, 2019
. The items were recalled due to a defective handle. The grips on the handle could break during use, leading to additional parts ejecting from the shaft.
The exercise devices are roughly 3 feet long with a large metal shaft, from which two black plastic handle grips hang from nylon straps. The devices were previously recalled in 2014 and were allegedly fixed. Now, after resale, there is another issue.
About 1,500 of the units were recalled. This was due to the fact that there were 10 reports of broken handles that resulted in rod ejection, with another 5 injuries stemming from the incidents. However, these incidents happened in 2014; no new incidents were listed for this recall, but the company decided that it is better to be safe than sorry.
The devices were manufactured in China and imported into Fort Lauderdale, Florida. They were sold at Burlington Stores across the nation from January 2019 to March 2019. They only cost about 7$.
The company recommends that users do not exercise with the devices and pursue a refund.
Incidents from Defective Exercise Devices
An exercise device like the ISO7X can cause many types of accidents
if it is defective. If any of the parts fail or break, the internal mechanisms can shatter or eject. This is very dangerous, as the devices are usually held very close to the body and face, and a sudden ejection of a part can be extremely hazardous to the eyesight. Further, people who are nearby can be struck by the parts or pieces, again posing the same kinds of injuries.
Some of the injuries that can arise include:
- Puncture wounds
- Eye damage
Additionally, if the part ejects and the device collapses, it is possible that you can fully lose your balance or control and wind up falling over, falling from a chair, or else slipping from a surface. Some of the damages that can happen from these situations include the following:
- Internal organ damage
- Broken bones
- Neck and spinal cord injuries
- Vertebrae damage
- Closed head injuries
- Nerve damage
- Muscle damage
You should always be extremely careful when using any exercise device, as they can often be unpredictable. You might not be able to handle certain weights, either, and it could be dangerous to even attempt it. With isometric devices like the ISO7X, you should be very attentive to the integrity of the device and ensure that there are no defects present. However, some problems are essentially invisible and will not be realized until an accident happens.
If you are in need of a product liability attorney
to sue United National Closeout Stores for injuries suffered from a defective ISO7X device accident, you can contact our law firm today.
How to File a Product Liability Lawsuit
If you wish to file a product liability lawsuit against United National Closeout Stores, you must prove that the company was negligent in some way. This is generally predicated on the fact that the company made an error in the creation of the product, at some point in the process. All product liability claims must have one of the following points shown to be true:
- There was a design flaw present with the product from the time it was initially conceptualized that would prevent it from working properly
- There was a manufacturing error that occurred when the devices were created or put together by a machine
- There were no hazard labels present on the item or on the packaging of the item to warn users about the dangers
Considering that these items were previously recalled, it is likely that there was a design flaw that was never fixed. The problem remained even after 5 years and a resale. Therefore, the company should have done something differently, but chose not to.
You will need to acquire evidence to file a product liability lawsuit against the company. You can follow these steps to ensure that your case is appropriately handled.
First, it is important that you go to the hospital to get medical treatment. If you wait too long, your injuries may worsen or cause other damages. You also risk your claim if you do not go right away. The insurance agent handling the lawsuit will look at the gap between the incident and the treatment and will claim that you were hurt in another incident. It will benefit both your health and the success of your case if you go to the doctor quickly.
While at the doctor, you should ask as many questions as you can and keep copies of everything, including the doctor’s notes, the medical receipts, treatment dockets, prescriptions, referrals, and more.
Next, you should speak with any potential eyewitnesses or bystanders who saw the incident happen. If there are none, you might also be able to talk with other users who were hurt by or who experienced an incident with the ISO7X. If multiple people were hurt due to a defective ISO7X, you could join a class action lawsuit against the company. The benefit of a class action lawsuit is that there are multiple plaintiffs who will have evidence of the damages and issues. The downside is that if the case is successful, a lump sum will be distributed among the plaintiffs, which ultimately leads to smaller amounts of compensation per person.
You should make sure not to tamper with the item at all. This means that you shouldn’t try to fix it or take it apart to inspect it; if you do, you could lose any chance for compensation. The company will claim that it is impossible to determine what the issue was and what the cause was if you interfered, and will not go any further. You shouldn’t take it to any repair shop or to someone who can check it out, either. Similarly, you should absolutely not return the device to the store or the company. If you do, you will lose out on your main piece of evidence for your claim, and you will be unable to show the defect. You should still take photos and videos of the item, though.
You will need to have proof of your purchase, or your receipt and bank statements to show that you were the rightful owner of the exercise device. It may be hard to find these pieces of proof if you made the purchase some months before, though.
Lastly, you should find a skilled product liability attorney in Los Angeles who can handle your claim for you. You might not have any legal experience at all, and if you haven’t ever handled an insurance claim, you might not be victorious. A lawyer will be able to negotiate with the insurance agent and present all of your evidence in a timely manner so that your case is a success. You will be able to focus on recovering from any injuries and returning to or resuming your daily life. It is generally a wise idea to pursue legal help, especially for cases as nuanced as product liability claims.
Deadline to File a Product Liability Claim
In California, you have 2 years from the date of the incident to file a product liability lawsuit against the responsible party. If you do not take legal action within that time frame, you will be barred from getting any compensation in the future. It is important that you act quickly so that all the evidence you have is still preserved and is not ruined, lost, or forgotten.
There are a few ways in which the statute of limitations can be extended past the 2 year deadline. This can happen if you were underage at the time of the incident, which would allow you to sue when you turn 18 years old, or when you were left incapacitated after the incident, which would let you sue when you return to health or awareness.
Many claims are not failed because of the statute of limitations. It may be forgotten or ignored by victims, as many are not aware of the exact dates. To be sure that your case is filed on deadline, contact our firm today.
How We Help You
The Downtown LA Law Group
is one of the most highly respected law firms in the state. We have years of experience winning claims for our clients and we will stop at nothing to win your lawsuit. Our aggressive attorneys will answer any and all questions you have if you wish during a free legal consultation.
We will also make sure you pay no out of pocket expenses if you come to our firm for representation. We won’t get paid unless and until we win, and the money will come from the settlement from United National Closeout Stores. If we lose, we take nothing at all.
To sue United National Closeout Stores for a product liability claim
with the ISO7X exercise device, contact the DTLA Law Group today.