S.S.
S.S. v. Peloton Interactive, Inc.
Opinion
Trial Court Opinion
BACKGROUND
A. Statement of Facts According to the Complaint, around March 2020, while Mr. Stern was exercising on Tread+, his three-year-old son, S.S., approached the rear of the Tread+ without Mr. 7 || Stern’s knowledge and was pulled under the 450-pound machine, with Mr. Stern’s added 8 || body weight of 150 pounds. ECF No. 1-2 (“Compl.”) at 3, 1, 5, 10. As soon as Mr. 9 |) Stern realized his child was stuck underneath the Tread+, he dismounted and attempted to ||remove him, but S.S. was repeatedly sucked back under the Tread+. /d. at 3,91. Mrs. came to help. /d. Both parents attempted to pull S.S. from underneath the Tread+ 12 |; by his hands, shoulders, and torso, but they were unable to successfully remove him. /d. 13 || at 3, 2. Mr. Stern attempted to lift the Tread+ but this failed as well. Ja Mr. Stern was 14 || able to remove S.S. when Mrs. Stern triggered the Tread+’s ripcord, which caused the 15 || Tread+ to come to a halt. fd. at 3-4, J 2. Plaintiffs allege that S.S. sustained injuries along ||his arms and shoulders, including but not limited to contusions along his torso, stomach,…