Personal Injury Recall Attorney Georgia

There is a hidden danger in many American homes. When pieces of furniture, such as dressers and bookcases, are not built with proper counter-balancing measures or not properly secured, they can tip over unexpectedly. Last June, IKEA recalled 29 million dressers and chests after six children were confirmed to have been killed when the furniture tipped over on top of them.

Elliot F. Kay, chairman of the U.S. Consumer Product Safety Commission (CPSC), said, “If you have or think you have one of these products, act immediately . . . It is simply too dangerous to have the recalled furniture in your home unanchored, especially if you have young children.” A link to the official IKEA recall notice can be found here.

The danger of falling furniture extends far beyond IKEA products, however. According to the CPSC, there are an estimated 33,000 furniture tip-overs that require emergency medical care, and on average one child dies from such accidents every two weeks in the United States.

When furniture makers fail to build safe products, or fail to adequately warn consumers about the need to secure furniture to walls, consumers are entitled to sue for compensation from harm by filing a products liability claim. These cases can often become lengthy legal battles, pitting regular consumers against multi-billion dollar corporations. IKEA is currently facing two such claims.

The IKEA Wrongful Death Lawsuit

Two wrongful death suits were filed in 2016 by the parents of victims of the now-recalled IKEA dressers. The lawsuits allege that IKEA knew the dressers were both top-heavy and front-heavy, and thus prone to tipping over. IKEA has made efforts to educate consumers about the need to anchor these dressers to walls for safety, but the plaintiffs—and many consumer safety groups—feel IKEA did not do enough considering the potential danger.

Product liability cases can raise complex issues of law and fact. There are three types of product liability claims:

  1. Manufacturing defect claims;
  2. Design defect claims; and
  3. Failure to warn claims.

Manufacturing defects occur when a product is not made according to the proper design specifications. These are essentially quality-control failures of the manufacturer. Design defects, meanwhile, occur when a product is manufactured according to plan, but is still defective because the design itself is flawed. A failure to warn occurs anytime a manufacturer or supplier is aware that their product presents a foreseeable danger, but fails to warn consumers about that danger.

The IKEA lawsuits are claiming that the dressers in question were designed improperly. They are also claiming that even after IKEA knew of the risk of tip-overs, they failed to adequately warn consumers about the danger.

Contact Williams Elleby for More Information

At Williams Elleby, we are dedicated to seeking justice for our clients by providing exceptional representation. Joel Williams has experience representing clients in cases throughout Georgia, including products liability cases. These types of cases are complex, so if you have been injured by a defective product, it is imperative that you have experienced legal representation.

If you would like more information about this issue, feel free to contact us as 833 – LEGALGA.

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