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XOP Treestand Lawsuit Investigation

XOP treestands, climbing sticks, harnesses, saddle hunting gear, and mobile hunting systems are designed for elevated hunting, where falls can cause severe or life-changing injuries. The company’s 2019 climbing stick recall and the broader risks associated with treestand use raise important safety and legal questions for hunters injured in falls or equipment failures.

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Table of contents
  1. Latest XOP Treestand Lawsuit Updates
  2. June 6, 2019: CPSC Announces Recall of XOP Climbing Sticks
  3. Who May Be Affected?
  4. Reported Injuries or Damages
  5. Recall and Regulatory Background
  6. Evidence to Preserve
  7. Filing Deadlines
  8. Potential Compensation
  9. Frequently Asked Questions
  10. Are XOP Treestands Recalled?
  11. What XOP Product Was Recalled in 2019?
  12. What Does the Research Say About Treestand Falls?
  13. Do Treestand Fall Injuries Always Require a Hospital Stay?
  14. What Did CPSC’s 2004 Review Find About Treestand Failures?
  15. References
A bolt on the center step of XOP climbing sticks, model XOP-LMO4-SR, can break, posing a fall hazard and risk of serious injury. Xtreme Outdoor Products of Dubuque, Iowa, recalled about 1,165 of the sticks on June 6, 2019. No lawsuit, class action or MDL names XOP. Attorneys review individual claims for treestand fall injuries. Treestand falls can cause paralysis, traumatic brain injury or death. Owners of the recalled sticks should stop using them and return them to Xtreme Outdoor Products for a refund or store credit.
Lawsuit at a glance
  • Case or litigation name: No filed case (individual claims under review)
  • Defendants: None named
  • Court and docket number, when available: No filed case
  • MDL number, judge, and case count, when an MDL exists: No MDL
  • Filing date: No filing yet
  • Main allegations: Fall injuries linked to equipment failure; the CPSC recall hazard is a center-step bolt that can break on XOP-LMO4-SR climbing sticks, and no complaint has been filed
  • Products or people involved: XOP climbing sticks (model XOP-LMO4-SR), XOP treestands, and hunters hurt in falls

Latest XOP Treestand Lawsuit Updates

June 6, 2019: CPSC Announces Recall of XOP Climbing Sticks

The CPSC announced the recall of about 1,165 XOP climbing sticks, model XOP-LMO4-SR, because the bolt on the center step can fail [1]. Owners were told to stop using the sticks. They can return them to Xtreme Outdoor Products for a full refund or a refund in the form of a store credit. The recall number is 19-134.

Who May Be Affected?

Hunters who bought XOP-LMO4-SR climbing sticks in a sand ripple green 4-pack may be affected. The sticks were sold at Webb’s Sporting Goods and TrailCam stores nationwide. The sticks were also sold at Scheel’s in Omaha, Neb. and Overland Park, Kan., and at XOPoutdoors.com, from November 2018 through December 2018. Hunters hurt in a fall from a treestand or climbing sticks may be affected, since many incidents occur while hunters step onto or from the platform, according to CPSC’s Hunting Treestands and Harnesses publication [2]. Hunters whose fall involved a broken stand part may also be affected, since the Marshfield Clinic study reported structural failures in 18% of falls [3]. A legal review can say whether a claim exists.
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Reported Injuries or Damages

CPSC’s notice says XOP received two reports of injuries tied to the recalled climbing sticks. They include scrapes and bruises, and a fractured foot and ribs. These are company reports and not court allegations. Lazzara and colleagues at Henry Ford Health studied 33 treestand-injured patients [4]. They were treated in Michigan from 2015 to 2019. Spinal injuries (33%) and lower-extremity fractures (15%) were the most common. CPSC’s Hunting Treestands and Harnesses publication reports 41 treestand-related deaths from 2005 through 2007. CPSC staff estimate about 19,000 treestand-related injuries in that period. CPSC staff’s 2004 petition review estimated that 6,000 injuries attributed to tree stand use were treated in U.S. hospital emergency rooms in 2001 [5].

Recall and Regulatory Background

A recall does not by itself show that a company is liable. CPSC’s treestand guidance tells hunters to use a full-body harness. The guidance also says never to use a single-strap or waist-type harness, which can cause strangulation in a fall, and to replace the harness after a fall.

Evidence to Preserve

Keep the following items if you were hurt in a treestand or climbing-stick fall:
  • The stand or climbing sticks and any broken parts, kept exactly as they are after the fall
  • The box, manual and labels that show the model number of the equipment
  • The receipt, order confirmation or other proof of purchase for the equipment
  • Photographs of the equipment, the tree and the scene of the fall
  • Names of anyone who saw the fall, written down while the details are fresh
  • Medical records and bills for treatment of the injuries after the fall
  • Records of work missed because of the injuries, including dates and lost pay
Do not repair, clean or throw away the equipment or its broken parts, because they may show how the failure happened.

Filing Deadlines

Deadlines to file an injury claim come from state law. They vary with where you live and when the injury and its diagnosis happened. Missing a filing deadline can end a claim, even with strong facts. Anyone who is considering a claim after a treestand fall should check with a lawyer promptly so that no deadline is missed.

Potential Compensation

A treestand fall claim can involve medical bills and lost wages. It can also involve pain and suffering and, in a fatal fall, wrongful death damages. Compensation amounts vary by case. Past results do not guarantee future outcomes. No verdict or settlement involving XOP treestands or climbing sticks sets a figure for potential compensation.

Frequently Asked Questions

Are XOP Treestands Recalled?

XOP treestands are not part of recall 19-134, which covers climbing sticks. Owners with questions can call XOP toll-free at 877-544-6611, 9 a.m. to 5 p.m. CT Monday through Friday, or email service@xopoutdoors.com.

What XOP Product Was Recalled in 2019?

The XOP product recalled in 2019 was a climbing stick sold in a sand ripple green 4-pack. It measures about 36 inches tall and has three climbing steps. It sold for about $170 and was made in China.

What Does the Research Say About Treestand Falls?

Research on treestand falls shows a steady problem. A Wisconsin study found about 5 per 10,000 hunters had a medically treated fall each year, and a Michigan study found 5.73 per 10,000. In Wisconsin, 77% of falls happened in archery-only seasons.

Do Treestand Fall Injuries Always Require a Hospital Stay?

Treestand fall injuries do not always require a hospital stay. In the Michigan study, one-third of patients were not admitted, yet some had significant injuries that needed specialist consultation, orthopedic braces or outpatient surgery.

What Did CPSC’s 2004 Review Find About Treestand Failures?

CPSC’s 2004 review of treestand incidents found that 54 of 137 incidents from 1980 through 2001 cited tree stand failure, with 6 deaths and 40 injuries reported. The figures describe incident reports, not proven causes.

References

  1. https://www.cpsc.gov/Recalls/2019/Xtreme-Outdoor-Products-Recalls-Climbing-Sticks-Due-to-Fall-Hazard-and-Risk-of-Serious-Injury
  2. https://www.cpsc.gov/s3fs-public/pdfs/blk_pdf_5200.pdf
  3. https://www.marshfieldresearch.org/News/falls-from-tree-stands-not-declining-for-deer-hunters-wisconsin-study
  4. https://scholarlycommons.henryford.com/emergencymedicine_articles/241
  5. https://www.cpsc.gov/s3fs-public/Briefing_Package-Petition_CP_02-3;_Hunting_Tree_Stand_Petition-06.14.2004.pdf