Recall for Potential Personal Injury Leads to First Class Action Lawsuit Against FitBit

In February, the fitness startup behind FitBit issued a product recall for their step-tracking smart watches after reports of rashes, blisters, and some other minor skin personal injuries.

Although very few users suffered these injuries, a potential personal injury class action lawsuit has been filed against the company for failing to properly contact customers. The lawsuit was filed in the Superior Court of California on Monday, March 17th.

The class action personal injury lawsuit, led by aviation instructor Jim Spivey, claims that the company misled customers in its advertising, and did not properly warn them about FitBit’s product recall.

Around October of last year, some customers complained that the digital bracelet caused skin irritation or rashes where the wristband touched them. It was not until January that FitBit’s Chief Executive James Park stated that the cause of the irritation was most likely an allergic reaction in some consumers to nickel, which is a component found in other everyday consumer products. While the company offered refunds and issued a voluntary product recall, FitBit did not directly notify customers.

FitBit reported about 9,900 cases of skin reactions in customers. According to the Consumer Product Safety Commission, about 1 million devices fell under the product recall.

Although Mr. Spivey, the personal injury lawsuit’s lead plaintiff, did not suffer those injuries, he did not learn about the product recall until much later while browsing the company’s website for more information about his Force FitBit watch.

“I have a concern that there is still a risk of developing an injury for me and others,” Spivey said.

“We are asking for full disclosure of the dangerous aspects of the product and a full disclosure of why it’s causing these injuries,” added John Fiske, the class action’s lead attorney.

In a statement issued late Wednesday, Fitbit representatives said: “Based on our initial review of the lawsuit, the complaint asks for a recall of Force and a refund to consumers. Fitbit took initiative long before this complaint was filed, publicly offered refunds, and worked closely with the CPSC on its voluntary recall program. We strongly disagree with the statements about the product and the company.”

Defective Product Recalls and Personal Injury in South Carolina

Every year, thousands of consumers sustain serious injuries from defective products, and improper or delayed product recalls. Many of these injuries could be avoided if the manufacturers or distributors of these products took additional steps to ensure consumer safety, such as issuing product recalls in a timely fashion. Although any product could be subject to a recall due to improper testing, some of the most common product recalls are for automobiles and automotive parts, drugs and medical devices, and children’s toys.

Consumers that have been harmed by defective products such as drugs, medical devices, or other products, may be eligible to receive legal remedies. Such legal remedies, or damages, may include compensation for medical expenses, lost wages, loss of physical capacity, pain, suffering, and mental anguish. Punitive damages are also available in many jurisdictions to punish defendants in those cases involving particularly egregious conduct which demonstrates a reckless or wanton disregard for the safety of the public.

The Strom Law Firm Protects Citizens Harmed by Delayed Defective Product Recalls

The attorneys at the Strom Law Firm keep a close watch on recalls of dangerous and defective product recalls in the US. We aim to protect our clients’ health and safety, and hold manufacturers to the highest possible standard of safety. If you or a loved one have experienced personal injury or life-limiting side effects from a defective product or drug, and believe that your pain stems from a product recall that came too late, you may be entitled to compensation. The Strom Law Firm can help. We offer free, confidential consultations to discuss the facts of your case, so contact us today. 803.252.4800.