California Distributor Recalls Pogo Sticks Due to Risk of Serious Injury
Pogo Sticks manufactured by a Chinese company and distributed in the United States by Bravo Sports of Santa Fe Springs, California have been recalled. The hazard identified by the Consumer Product Safety Commission involves a defect in the frame of the stick. The bottom of the pogo Stick’s frame tube may break and a pin holding the spring in place can also break. The manufacturer has received numerous reports of the pogo sticks breaking and causing personal injuries.
The products being recalled include the Rocket Stick Pogo, Pop Stick Pogo, Monster Stick Pogo and Twin Stick Pogo. Only sticks with manufacturing dates between April 1, 2010 and October 31, 2010 are involved in the recall. The manufacturing date code can be found on a white label underneath the foot pedal or on the stem of the pogo by the foot pedals. Retailers and on-line web sites sold the pogo sticks nationwide.
Anyone owning one of these pogo sticks should stop using it immediately. Consumers may contact Bravo at (877) 992-9905 for a full refund.
If you know of anyone injured as a result of the frame breaking they should report the injury to the CPSC at 800-638-2772. Injured parties may also have a claim for personal injuries under California’s product liability laws. A manufacturer, wholesaler or retailer of a defective product is strictly liable for damages caused by the defects in its products. This is true whether the product was defectively designed or defectively manufactured. A product may be deemed defectively designed if it fails to meet ordinary consumers’ expectations as to safety or if the risk of harm inherent in the design outweighs the potential benefits of the design.
Sellers of defective products are responsible for personal injuries caused by defects in their products even if they were not negligent in the manufacture or design of the product. This reasoning behind this was first expressed by our Supreme Court in the case of Escola v Coca Cola Bottling Co over fifty years ago. Justice Traynor at that time stated that public policy demands that sellers of products be responsible for the quality of their products regardless of whether negligence is involved.
As a California product liability lawyer, I have seen the curative affect that product liability claims have on industry. For example, product liability lawyers led the way in the early 70’s against manufacturers of asbestos products. Now the dangers of these products are well known and have been removed from the marketplace. Similarly, we have taken on the drug industry where it knowingly sold medications to consumers that it knew were unsafe. Product liability laws not only compensate those who have been injured by dangerous products but protect the public against the dangers of unsafe products being placed on the market.
News from CPSC, Pogo Sticks Recalled by Bravo Sports Due to Risk of Serious Injury, March 16, 2011