Class Action Lawsuit Filed Against Peloton for its Tread+
Peloton machines have been in high demand ever since gyms closed with the Coronavirus pandemic began. Now, a class action lawsuit has been filed against the company alleging Peloton violated consumer protection laws and knew, or should have known, of the defective nature of its Tread+ product. The lawsuit specifically claims the Tread+ machine is particularly dangerous to children after a child was fatally injured in an incident involving the machine. A total of 39 children and one pet have been injured by the Tread+. The mechanism of injury is being dragged underneath the machine.
While the Consumer Product Safety Commission issued a warning to consumers to stop using the Tread+, Peloton has refused to issue a recall for the machines and continues to sell them. Peloton’s position is that the treadmill is safe for use when all warnings and safety instructions are followed, and improper use is the problem. The Consumer Product Safety Commission, however, believes the problem is with the design of the Tread+.
Recalls of products are voluntary, except in rare cases where the Consumer Product Safety Commission sues to force the issue. In fact, the Consumer Product Safety Commission is nearly powerless to warn consumers about defective or unsafe products until a company has been given chances and time to respond to the allegations and suggest changes to the product. In addition, companies, like Peloton did in this case, can object to the wording the Commission intends to publish as a safety warning. The Commission’s warning in the case of the Tread+ states “the Peloton Tread+ poses serious risks to children for abrasions, fractures, and death.”
While the Commission has not named Peloton in a lawsuit to try to force a recall, individuals who have been injured or whose children have been injured by the Tread+ have filed a class action lawsuit against Peloton for their injuries.
UPDATE: Peloton has now issued a recall of their Tread+ treadmills, totaling about 125,000 devices. Peleton has also issued an apology stating it was wrong to fight the Consumer Protection Safety Commission’s request that it recall the machines.