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Product
Liability News
Sportsstuff Wego Kite Tubes Withdrawn From Market After Reports Of Deaths And Injuries
WASHINGTON, D.C. – In cooperation with the U.S. Consumer Product Safety Commission (CPSC), Sportsstuff, Inc., of Omaha, Nebraska is voluntarily recalling about 19,000 Wego Kite Tubes. CPSC staff is aware of 39 injury incidents with 29 of those resulting in medical treatment. Those injuries include a broken neck, punctured lung, chest and back injuries and facial injuries. Sportsstuff has received reports of two deaths in the United States and a variety of serious injuries. Sportsstuff has been unable to determine the cause of the incidents. Nevertheless, the company has withdrawn the kite tube from the market and is undertaking this voluntary recall out of an abundance of caution.
The Sportsstuff Wego Kite Tube is a 10-foot-wide, circular, yellow inflatable watercraft designed to be towed behind a power boat. A rider in the tube becomes airborne by pulling on handles attached to the floor of the tube. Model 53-5000 is printed on the tube near the product valve. The floor of the tube has black caution warning stripes. The cover for the product bears a skull and crossbones and the statement “Never Kite higher than you are willing to fall.” The tubes were imported and sold through marine distributors, mail order catalogs, and various retailers from approximately October 1, 2005 to July 11, 2006 for about $500 to $600.
The CPSC warns consumers about the hazard of exposure to consumer products containing asbestos
These products include: Asbestos paper and millboard,Asbestos-cement sheet,Dry-mix asbestos furnace or boiler cement,Asbestos wood/coal stove door gaskets,Asbestos laboratory gloves and pads,Asbestos stove mats and iron rests,Central hot-air furnace duct connectors containing asbestos,Bulk asbestos fibers,Some of these products still are for sale or may be in consumers' homes. Handling these products may release asbestos fibers; breathing asbestos fibers is known to cause cancer.
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Product Sellers, Rentors, And Lessors
Liability Rules Applicable to Product Sellers, Renters, and Lessors.Product sellers, rentors, and lessors will be liable only for their own failure... Read more >
Definition:
During mediation, both sides involved in the dispute meet with a neutral third party and create their own agreement jointly. In contrast, in arbitration the third party decides how to settle the problem.
Causation
Definition:
If you find that the product is defective because it failed to provide a warning when one was reasonably required or because the warning was inadequate, then you will go on to consider the element of causation.
Implied Warranties
Definition:
Not stated outright by the manufacturer or the seller. For example, you might have an Implied Warranty of Merchantability, which promises that your product is good for its ordinary purpose.
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