Legal Environment

Full Answer Section

      Duty of care The manufacturer of the Tread+ treadmill had a duty to design, manufacture, and market a safe product. This duty of care includes taking reasonable steps to identify and eliminate potential hazards. Breach of the duty of care The manufacturer of the Tread+ treadmill breached its duty of care by failing to adequately address the risk of entrapment. The treadmill's design allows for a gap between the belt and the base, which can create a suction hazard. Additionally, the treadmill lacks adequate safety features to prevent children and pets from being pulled under the belt. Actual causation If the Tread+ treadmill had not been recalled and had caused harm to a consumer, the manufacturer could be held liable for negligence. The manufacturer's breach of its duty of care would have been the actual cause of the consumer's injuries. Proximate causation The manufacturer's breach of its duty of care would also be the proximate cause of the consumer's injuries. Proximate causation is a legal term that means that the harm was a foreseeable consequence of the manufacturer's negligence. In this case, it was foreseeable that a child or pet could be entrapped under the treadmill and suffer serious injuries. Actual injury If a consumer had been injured by the Tread+ treadmill, they would have suffered actual injury. Actual injury is a legal term that means that the consumer suffered physical harm or economic loss. Product liability A potential lawsuit against the manufacturer of the Tread+ treadmill could involve a claim of product liability. Product liability is a type of tort law that holds manufacturers liable for injuries caused by defective products. In order to prove product liability, a plaintiff must show that:

• The product was defective.
• The defect existed when the product left the manufacturer's control.
• The defect caused the plaintiff's injuries.

In the case of the Tread+ treadmill, the defect is the gap between the belt and the base, which creates a suction hazard. The defect existed when the treadmill left the manufacturer's control, as it is a design defect. And the defect caused the plaintiff's injuries, as the child or pet was entrapped under the belt and suffered serious injuries. Defenses The manufacturer of the Tread+ treadmill could raise a number of defenses to a claim of negligence or product liability. Some possible defenses include:

• Assumption of the risk: The plaintiff assumed the risk of injury by using the treadmill.
• Contributory negligence: The plaintiff's own negligence contributed to their injuries.
• Statute of limitations: The plaintiff's claim is barred by the statute of limitations.

Consumer protection statute The Consumer Product Safety Improvement Act (CPSIA) is a consumer protection statute that is relevant to the Tread+ treadmill recall. The CPSIA requires manufacturers to report to the Consumer Product Safety Commission (CPSC) any  

Sample Solution

   

Product: Peloton Tread+ Treadmill

Recall date: May 5, 2021

Recall number: 21-126

Reason for recall: The Tread+ treadmill can pose a serious risk to children and pets. There have been reports of children and pets being entrapped, pinned, and pulled under the treadmill, resulting in serious injuries or death.