Christina Spicer  |  October 26, 2020

Category: Health Fitness

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Skier regarding the defective Black Diamond beacons class action lawsuit

A newly filed class action lawsuit Canada claims defective Black Diamond equipment put outdoor adventurers at risk of being lost in an avalanche due to undisclosed problems with their beacons.

According to the lead plaintiff, Friedrich Klaus, certain Black Diamond beacons can turn off without warning, putting users at risk while in the backcountry. Klaus alleges that he purchased a beacon for use in the backcountry, unaware that a defect can cause the Black Diamond equipment to turn off without warning.

Avalanche Beacons Are a Lifeline

Those who explore the backcountry often carry an avalanche beacon as a safety device. These beacons allow rescuers to locate users in the event of an avalanche.

According to the Black Diamond equipment class action lawsuit, these devices generally have a “Search”, “Send” and “Off” setting. The “Send” setting is meant to be used while in the backcountry so other beacons can locate a person who may have been trapped in an avalanche. Rescuers can use the “Search” mode to figure out exactly where a buried user may be.

Black Diamond manufactures and sells the following beacons, according to the plaintiff:

  • Black Diamond Recon BT
  • Black Diamond Guide BT
  • Pieps DSP Sport
  • Pieps DSP Pro
  • Pieps Powder BT
  • Pieps Pro BT

Black Diamond Beacon Allegedly Defective

According to the proposed class action lawsuit, a properly working avalanche beacon is a vital safety device for anyone exploring the backcountry.

“An avalanche beacon should be part of the avalanche emergency equipment of everyone who ventures off from the secured piste into open, unsecured terrain (e.g. ski touring, freeriding, mountain rescue operations, etc.),” states the complaint.

However, the plaintiff alleges that the device can turn from the “Send” to “Off” mode without warning, leaving backcountry explorers without this important lifeline in the event of an avalanche or rock slide.

Class Action Lawsuit: Beacon Defect Can Be Deadly

The proposed class action lawsuit alleges that the defective beacon has been involved in the death of a user who relied on it to assist in their rescue in the event of a slide.Skier trapped in snow regarding the defective Black Diamond beacon class action lawsuit

The complaint says that in 2017, a skier who was using a Black Diamond beacon died after being buried by an avalanche near Whistler, B.C. The beacon had inadvertently been turned to “Off,” alleges the plaintiff who also says that the family members of the deceased skier notified Black Diamond of the problem. Black Diamond allegedly failed to take any action, however.

Additionally, a professional skier narrowly escaped death in 2020 after using a Black Diamond beacon that failed to transmit. The skier was allegedly caught in an avalanche and was only discovered by rescuers after a “lucky probe strike,” says the plaintiff. Black Diamond allegedly failed to take any action in this scenario as well.

Users have allegedly brought attention to the defective Black Diamond equipment on social media as well, notes the complaint. However, the company has yet to notify the public or take any action to correct the potentially deadly problem with the beacons.

Black Diamond Allegedly Fails to Disclose Defect

Indeed, the class action lawsuit claims that Black Diamond has an obligation to tell consumers about the defect.

“They caused the Beacons to be introduced into the stream of commerce in Canada, and they knew that any defects or flaws related to the Beacons could cause foreseeable injury to the Plaintiff and class members,” states the complaint.

However, the company allegedly still advertises its product as “Simplified and streamlined yet outfitted with all the features needed for fast, accurate searches in the event of a slide, the Recon BT avalanche beacon features Bluetooth capabilities, and a housing with soft-touch contact points for improved handling.”

The plaintiff accuses the company of misleadingly advertising its defective equipment. Klaus says the company advertises its beacons as having “all the features needed for fast, accurate searches in the event of a slide,” and “pinpoint search accuracy.”

“The PIEPS DSP Sport Avalanche Beacon is the go-to beacon for the everyday backcountry traveler,” allegedly states Black Diamond advertising, that “serves as an avalanche victim search device” and “meets the current state of technology and the applicable health and safety regulations.”

These statements are misrepresentations, alleges the class action lawsuit Canada. Furthermore, the manuals included with the devices fail to warn users that the beacons can unintentionally shut off.

The proposed class action lawsuit seeks to represent residents of Canada who purchased any of the Black Diamond beacons. The plaintiff is seeking general, special, and punitive damages, along with court fees.

Do you own a Black Diamond beacon? Are you concerned about these class action lawsuit claims? We want to hear from you! Tell us about your experience in the comment section below!

The lead plaintiff and proposed Class Members are represented by Michael L. Elliott, Anthony Leoni, Silvana L. Herra, and Matthew Burtini of Rice Harbut Elliott LLP.

The Black Diamond Equipment Defect Class Action Lawsuit is Klaus v. Black Diamond Equipment, Ltd., et al., Case No. S2010419, in the Supreme Court of British Columbia, Canada.

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