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Arc’teryx Equipment Ski Mountaineering Boots Recall Lawsuit

Arc’teryx Equipment, a division of Amer Sports Canada, has issued a recall of one of its products: ski mountaineering boots, nearly 4,000 units of them. They were recalled on August 24, 2017.

The affected products are the ski mountaineering boots that come in specific models: Procline carbon support boots and Procline carbon lite boots. Both varieties come in men’s and women’s forms, and both forms were recalled. On all of the products, the company’s name, Arc’teryx, is written across the front of the boot. The specific colors of the boots can be found on the product recall page.

The problem with the boots concerns the axis pin at the rear of the boot. The pin may dislodge, which can damage the boot itself; worse, it can make the boot unstable and raises the risk of falling while climbing. The dangers are apparent in this defect.

Arc’teryx offers a free repair for the boots. Consumers should not use them prior to getting the repair.

The products were manufactured in Romania, distributed by Arc’teryx, and sold at various websites and retail stores, including Moosejaw and REI. The cost of the boots ranged from $750 to $1,000.

Although there were 18 reports of the axis pin loosening and dislodging,  there were no injuries reported.

Dangers of the Product
Given that the Procline boots are ski mountaineering boots designed for rock climbing and hiking, they are key components to a mountaineer’s setup. Proper climbing boots enable you to adequately grip rocks, prevent you from falling, and protect your feet from sharp edges and harmful stones. If the boot becomes damaged or unstable, not only do you risk damage to your feet, but your whole body.

A loose or dislodged pin will not let you grip the rocks in the same safe way as before, and slipping and falling is easier. Rock climbing is a dangerous activity, and the slightest slip can lead to disaster, including falling from a rock you are holding on to or a surface you are cat-walking on. A fall can result in severe injuries, such as broken arms and legs, paralysis, broken neck, broken back, fractures, sprains, torn muscles, concussions, cranium damage, internal bleeding, ruptured organs, and even death.

If you are injured while using a pair of defective Procline boots, you should immediately contact a product liability attorney to file a lawsuit against the responsible party.

Defective Product Claim
California State Law dictates that a defective product claim can be filed up to two years after the date of injury occurs. The Arc’teryx boots were manufactured for nearly a year and were recalled almost 6 months after production ceased. As of right now, you are within the statute of limitations of filing a product liability claim if you were injured at any point after purchasing these boots.

In filing a product liability claim, your product must meet at least one criteria: it was improperly designed and that design flaw led to problems and injuries; it was improperly manufactured, and the manufacturing defect resulted in injuries or damages; or there was no adequate warning or hazard label on the product or the product’s packaging to tell of what may happen if used in a particular manner.

It is important to make sure that you kept as much evidence as possible of your injury, and most importantly, that you kept the defective product and did not throw it away or repair it. It will be nigh impossible to prove a product caused an injury if the product is no longer present or if it has been fixed. Some things to keep include the product itself, receipts and purchase information, original packaging; further, you should have ample documentation of the injury, including photos, eyewitness reports, doctor’s notes, and anything else that shows you were injured.

What You Can Receive
If a product’s defect caused you to be injured, your product liability claim can help you earn various types of compensation.

You may be able to earn back lost wages for the time you spent injured, as well as earn future wages for time you will miss at work due to ensuing medical treatment. The company will pay out these wages, which will be determined by your income and calculated by a percent amount.

Importantly, your medical bills and expenses can be covered by the company. If an injury causes you to go to the hospital, you can have the ambulance ride, hospital stay, medication, treatment, and ensuing physical therapy (if necessary) covered. Just like lost wages, if you are liable to require further medical treatment in the future, you can have those future expenses paid as well.

For example, if you sustained a severe spinal injury from a fall due to the dislodged pin of the Arc’teryx boot, you may need multiple surgeries and treatments to regain full function and mobility of your back, as well as need to undergo lengthy physical rehabilitation. An initial settlement that just covered your first hospital stay and treatment to get you somewhat healthy is not enough to cover the duration of damages that resulted from the fall; as such, you should be covered all the way through the healing process, until you do not require any further treatment.

Additionally, you can collect damages for pain and suffering in the event of an injury. These damages include mental anguish, anxiety, PTSD, fear, and emotional damage; a fall can be the most terrifying and scarring experience of your life, and you should be given whatever compensation necessary to try and deal with it, whether by emotional therapy or group sessions. It is more difficult to plead for pain and suffering than it is economic damages like medical bills and lost wages, but altogether, you can earn a hefty settlement.

Normandie Helps
Our team of attorneys at Normandie Law Firm can help you file a product liability claim to have your expenses covered. We are willing to fight for your rights as a consumer; the company owed you a duty of care in selling you a product that was marketed and intended to keep you safe, and that duty was not fulfilled. Our lawyers are aggressive and will not rest until you have received a fair settlement for your injuries.

Call us today to receive a free legal consultation. We will outline the process of filing a product liability claim and start collecting all the necessary evidence for your case. Allow us to handle the legwork for you, and you won’t be disappointed with the result. Our firm abides by a zero fee guarantee with all of our clients, as well: you do not pay any money for our legal representation unless we win your case. If we lose, you do not owe us a dime. Further, all expenses come from the settlement itself and nothing comes out of your pocket, so you do not suffer any economic loss by hiring us.

For more information on product liability claims regarding the Arc’teryx Procline boot, contact Normandie Law Firm today.



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