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Girl's Death Inspires Lawsuit of Three Companies08-01-02 | News
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WASHINGTON, D.C.?EUR??,,????'??? The U.S. Consumer Product Safety Commission (CPSC) announced that the Department of Justice (DOJ), on behalf of the CPSC, is suing three companies for failing to report serious safety hazards associated with Weed Wizard trimmer heads with metal chain links. A metal link can rapidly and unexpectedly detach during use of the Weed Wizard trimmer attachment. If the link strikes the user or a bystander, it can penetrate skin and bone causing serious injury or even death. The lawsuit seeks fines against U.S. Home and Garden Inc. (USHG), of San Francisco, Calif.; Easy Gardener Inc. (EGI), of Waco, Texas; and Weed Wizard Acquisition Corp. (WWAC), of San Francisco, Calif., for failing to inform the CPSC that the trimmer heads and replacement chain sets have a substantial product defect and present a substantial risk of injury to the public. ?EUR??,,????'??Companies cannot withhold safety information about a defective product, when consumers may be at risk of injury or death. Firms have an obligation and a responsibility to inform CPSC, so that we can protect consumers,?EUR??,,????'?? said CPSC Acting Chairman Thomas Moore. ?EUR??,,????'??The courts have agreed with CPSC that companies must report to us in a timely and complete manner.?EUR??,,????'?? Between May 1987 and April 2000, 2.7 million Weed Wizard trimmer heads with metal chains and about 857,000 trimmer replacement chain sets were designed and sold. They were designed and manufactured to be used as replacements for string trimmer heads on any gas powered weed trimmer. The lawsuit alleges that beginning in February 1998, USHG, EGI, and WWAC had enough information to reasonably support the conclusion that the Weed Wizard products were defective and could injure or kill consumers, though the companies never contacted CPSC with incident or product-related information. USHG purchased Weed Wizard Inc. in Februrary 1998. The lawsuit alleges that at the time of the purchase, USHG, EGI, and WWAC knew of one death and at least 19 incidents, involving consumers struck by metal chain links. The August 1997 death of a 3-year-old Alabama girl, who was killed when a chain link flew off of a Weed Wizard trimmer being used by a family member and lodged in her skull, was among these incidents. The three companies failed to report any incidents, injuries, or product defects to CPSC. Instead, CPSC had to specifically request WWAC provide information about the safety of the Weed Wizard. Among the other charges in the lawsuit are: ?EUR??,,????'???? The three companies failed to provide CPSC with a February 1998 engineering report which was critical of the Weed Wizard trimmer heads?EUR??,,????'??? safety until December 2000, 17 months after it was requested and seven months after a recall was announced. ?EUR??,,????'???? More than 590,000 Weed Wizard products were produced and distributed after USHG purchased Weed Wizard Inc. in 1998. ?EUR??,,????'???? The companies involved became aware that a testing laboratory, a distributor, and the Australian government all identified the serious safety hazard with the Weed Wizard and either banned it or publicly warned consumers of the dangers associated with using it. Yet, the companies made no report to CPSC. Weed Wizard Acquisition Corp. and CPSC announced a recall on May 3, 2000 of the Weed Wizard trimmer heads with metal chains and trimmer replacement chain sets. Consumers who still have this product should stop using it immediately and contact the firm to obtain free plastic replacement blades and installation instructions. For a free replacement kit, call Weed Wizard toll-free at (888) 810-7536 anytime, or visit the firm?EUR??,,????'???s web site at www.weedwizard.com.
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