Tip-Over Accidents & Liability
Although the Consumer Product Safety Commission has indicated that the number of deaths and injuries involving furniture and electronic tip-overs has declined, there are still thousands of injuries that send kids to the emergency room every year due to these incidents. In fact, one child goes to the emergency room every 45 minutes due to a tip-over accident.
Far too many parents think that this couldn’t possibly happen to them, and while prevention starts with stronger standards and parents anchoring furniture and other items in their homes, in some cases, the problem also rests with product liability issues.
What Is Causing These Incidents?
Historically, most tip-over deaths have involved televisions, but that is changing, given changes that are occurring within the industry. Between 2000 and 2021, almost 600 deaths were reported, and most involved television units. However, more recently, furniture has become a bigger concern, as bulkier TVs have been replaced by lighter flatscreens.
In recent years, there have been a number of lawsuits brought against such manufacturers as IKEA in connection with specific dressers and wardrobes that resulted in children’s deaths after they were crushed by the furniture. In some cases, IKEA not only failed to properly recall all of the dangerous items on the market, but the tragic incidents continued even after lawsuits were settled with other families who lost their children.
Legal Requirements
The law and corresponding safety standards for freestanding units (such as bureaus and dressers) currently do not require specified testing related to tip overs. Safety measures that specifically address the issue of children opening more than one drawer, and climbing, reaching, etc., are absolutely essential.
Still, manufacturers must ensure that furniture and televisions are safe for use, and can be held liable when a defect leads to danger in your home. Companies also have a duty to provide specific warnings as to tip over risks associated with certain types of furniture and electronics. Specifically, there are a number of design and/or manufacturing defects that can render these products too dangerous for their purported use, as well as marketing defects – or failures to warn – associated with companies failing to warn consumers about potential risks associated with their products. As a result, claims alleging breach of warranty, negligence, and strict liability can be filed against the manufacturer.
Let Us Help You Today
If you or a loved one has been injured or killed by a product, you are likely frustrated and confused, and have a number of questions. Let our Macon product liability attorneys at the Law Offices of Buzzell, Welsh & Hill answer your questions and provide you with some guidance as to your options through a free consultation.
Source:
wtkr.com/news/national/furniture-tip-over-accidents-declining-but-parents-need-to-be-more-aware-advocates-say