Class Actions in the Works After Peloton Tread+ Child Injuries, Death

UPDATE: 

• Peloton has released a software update for the Tread+ in response to concerns over the safety of the treadmills.
• Peloton’s CEO issued a statement Friday in the wake of the Wednesday recall of the Tread+ – several weeks after reports of children being injured and even killed after being pulled under the treadmill resulted in an urgent consumer warning.
• Peloton reportedly said in an earnings call Thursday that the fallout from the Tread+ recall will cost the company $165 million in revenue.

After horrifying reports of children being sucked under Peloton Tread+ treadmills and the manufacturer’s refusal to recall the product, consumers are turning to class action lawsuits against the fitness company.  

On Wednesday, a California consumer filed a nationwide class action in federal court claiming that she and others would not have purchased the $4,300 treadmill and accompanying monthly subscription had they known that the product presented a severe safety risk to children and pets. Lead plaintiff, Shannon Albright accuses Peloton of deceiving consumers about the safety of the Tread+ in violation of California law.  

Additionally, lawyers in Pennsylvania told reporters that they are considering legal action on behalf of that state’s residents against Peloton in the wake of the urgent warning.  

On April 17, the Consumer Product Safety Commission (CPSC) issued an urgent warning about Peloton’s Tread +. Its warning included a graphic video of a child captured on camera being sucked under the machine, which is shown with a warning due to its disturbing content. 

“In light of multiple reports of children becoming entrapped, pinned, and pulled under the rear roller of the product, CPSC urges consumers with children at home to stop using the product immediately,” states the warning, which also says 39 incidents of injures have been reported so far, including one death. 

Potential plaintiffs’ lawyers told Pittsburgh’s Action News 4 that they were shocked after the warning.  

“When we saw that video of a child being sucked into a treadmill, a treadmill is not supposed to suck a child into the interior,” one lawyer told reporters.  

“I think a lot of people in western Pennsylvania and throughout the country have bought into the whole Peleton ecosystem,” another attorney told Action News 4 in regards to potential legal action. “I think every parent instantly puts themselves in that position, oh my God what if that happened to my child? Then the plaintiff’s lawyer in me starts saying is this a defective product?” 

The California class action lawsuit says Peloton duped consumers about the safety of its product, pointing to advertisements of the Tread+ that include images of children and their parents working out in the vicinity of the treadmill.  

“Chillingly, the child featured in the picture is exactly the sort of victim that the Tread+ machine is uniquely capable of killing or maiming,” states the complaint of the ad.  

Thus far, Peloton has resisted calls to recall the product and, contrary to the CPSC warning, has told consumers that the Tread+ is safe.  

“There is no reason to stop using the Tread+, as long as all warnings and safety instructions are followed. Children under 16 should never use the Tread+, and Members should keep children, pets, and objects away from the Tread+ at all times,” said the company in a statement issued after the CPSC warning.  

Peloton has not made a statement regarding the California class action lawsuit or proposed legal action yet and was reportedly still selling the Tread+ at the time of the lawsuit. 

Several weeks after reports that the Tread+ presents a serious risk of injury to children and pets, the company issued a recall of the $4,300 treadmill on May 5. Days later, Peloton’s Chief Executive Officer (CEO) addressed the safety issues and death of a child after being trapped under a Peloton Tread+ reported more than three weeks ago.

“Through working with the CPSC, what we’re doing now is saying, ‘We can add additional safety features, whether it’s software features or hardware features, that can make them even safer — industry-leading safe, so that even when they’re used improperly, children don’t get hurt,” Foley said on Good Morning America Friday, May 10. Foley also stated that “we did make a mistake by not engaging with the CPSC in a more productive dialogue,” of Peloton’s initial resistance to a recall.

In an earnings call a day earlier, the company said that it expects to suffer $165 million in losses due to the recall, according to the Associated Press.

In addition to a consumer class action lawsuit, the company is also facing Peloton investor class action complaints that it failed to properly disclose and address the Tread+ safety risks.

Peloton has also released a safety update, called Tread Lock. The software update will lock the treadmill after 45 seconds of inactivity and require the user to enter a four-digit passcode to continue. The update will reportedly apply to all Tread units.

Do you own a Peloton Tread+? Are you concerned about the CPSC warning? Tell us about it in the comment section below! 

Lead plaintiff, Shannon Albright, is represented by C. Brooks Cutter and John R. Parker Jr. of Cutter Law PC. 

The California Peloton Tread+ Class Action Lawsuit is Shannon Albright v. Peloton Interactive Inc., Case No. 3:21-cv-02858, in the U.S. District Court for the Northern District of California. 

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