South Carolina-Based Minibike and Go-Cart Company Must Pay Large Fine for Delayed Product Recall

A company that manufactures minibikes and go-carts, based in Anderson, SC, has agreed to pay a $4.3 million fine for a delayed product recall, and failing to inform the Consumer Product Safety Commission of defects in the go-carts and minibikes in a timely fashion.

Baja Inc, and its corporate affiliate, One World Technologies, have agreed to pay the hefty delayed product recall fine, but refuse to acknowledge any wrongdoing on their part, including that their products are defective.

The minibikes and go-carts were sold beginning in 2004, then fell under a product recall in 2010. Federal regulators claim that Baja did not notify the CPSC promptly about the issues, nor did the company issue a timely product recall to protect consumers. The company had received numerous complaints about their go-carts and minibikes before issuing the product recall or notifying the CPSC of the complaints, including four complaints that gas caps would leak and cause fires. One of the complaints involved an allegation that the gas cap problem led to serious burn injuries to a child.

Federal regulations require companies to notify the CPSC within 24 hours of receiving information “reasonably supporting the conclusion that a product contains a defect which could create a substantial product hazard, creates an unreasonable risk of serious injury or death, or fails to comply with any consumer product safety rule.”

The $4.3 million fine is the largest so far involving a product recall. The previous record-holder was Graco Children’s Products, which has had several run-ins with the CPSC this past year involving how the company has handled the product recall of child safety seats.

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.

There are a number of reasons that defective products make it to our shelves:

• Defective manufacturing
• Inadequate testing
• Design defects
• Marketing Misrepresentation

Consumers that have been harmed by defective products such as drugs, medical devices, or other products, may be eligible to receive compensation for their damages. 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 severe, 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.