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14 Mar 2023

Product Liability: Are There Hidden Hazards in Your Home?

With the recent news that residential gas stove emissions can adversely affect indoor air quality, you may be wondering what other products are lurking in your home that could pose a potential hazard. 

While many of the products you buy and use have been through some sort of safety inspection, the reality is that those inspections do not always reveal potential hidden dangers that may arise after the product has been in use. In some instances, that danger can result from consumers using the product in “reasonable alternate ways”, like using a chair as a step stool. The intended use of a chair is to sit on, but it is common and reasonable for consumers to also use a chair as a means of accessing something out of reach. 

In other instances, once a product is actually used by consumers, dangers that were not apparent during initial safety inspections are revealed. An example of this would be tall furniture posing a tipping hazard, and thus being a danger to children or others. 

Companies will often issue a recall if they discover potential dangers in their products, and as consumers, we can access the Consumer Product Safety Commission (CPSC) for information. The CPSC is a government agency whose goal is to “reduce the unreasonable risk of injuries and deaths associated with consumer products.” They, too, will issue recalls and safety alerts, when appropriate. 

However, oftentimes a product that poses a danger to consumers can remain available for purchase while reported complaints are under investigation. Even after a recall occurs, the product can remain in consumers’ homes, and according to the CPSC, only about 15-30% of recalled products are actually returned by consumers. We recommend that you pay attention to recall notices! Instructions for what to do if a product you own is recalled can be found on the CPSC website.

As you take a tour of your own home, here are just a few things to look out for:

Living Room

Large cabinets, if not properly secured, have the potential to tip over and cause injury; sofas and chairs may be constructed of flammable materials, and electronic devices have the potential for mechanical, as well as design defects. One recent recall is the LG 86-inch smart television and stand, which poses serious tip-over and entrapment hazards that can result in injuries or death to children and others. Read more about this recall on the CPSC website.

Bathroom

In addition to personal hygiene products, such as the baby powder recall that resulted in a class action suit against Johnson & Johnson, even your shower door can pose a danger. Shower doors made of tempered glass have been known to shatter, resulting in serious cutting and piercing injuries. In fact, there were an estimated 2,300 U.S. emergency department visits associated with shattering glass shower doors between 2012 and 2016. In this case, the CPSC issued a tempered glass safety alert for any products made with this technology, including tables.

Kitchen 

Both large and small appliances may seem like the most obvious place to look for dangers, but everyday items can also cause injuries. Several people have experienced exploding beverage containers due to pressure buildup within, causing not only the top to burst off but the interior glass to shatter as well. When certain contents are left for long periods of time, gasses form and pressure increases within the bottle. If you are having trouble opening a vacuum flask, it’s a good idea to stop and contact the manufacturer. We’ve linked to some helpful information on safely using a vacuum flask, such as a thermos, here.    

Bedroom 

Tipping risks also apply to bedroom furniture, but perhaps the most important risk in bedrooms involves bunk beds. In fact, there are federal standards for bunk beds to prevent death or injury to children who could become trapped between an upper bunk and a wall, in openings below the guardrails, or in openings in the ends of bunk beds due to design or manufacturing defects. Learn more about the Bunk Bed Rule here. 

Laundry Room

Most modern washers and dryers have features to prevent children from accidentally getting trapped, however there is also another danger in this room. Single use detergent pods often come in containers that are easy to open, or whose lids are easily left open. This safety alert from the CPSC advises that these laundry pods be locked up and out of reach of children. The packets are often colorful and look attractive to young children, but the chemicals in the detergent are toxic.

Protect Yourself Before You Buy

Defective products cases most commonly fall under one of the following major categories:

  • Medications
  • Medical devices
  • Motor vehicles
  • Food processors
  • Sports equipment
  • Toys
  • Recalled products

If you are in the market for any new consumer product and want to know if there have been any dangers reported, you can visit  CPSC.gov or SaferProducts.gov to see a list of items that have been recalled, as well as a collection of safety alerts. You can also follow CPSC @USCPSC on Twitter or subscribe to CPSC e-mail alerts. 

If You’ve Been Injured by a Defective Product

If you’ve been injured by a defective product, we recommend reporting it to the CPSC. Depending on the nature of the issue and the injuries caused by the product, they may move forward with an investigation and, if so, you will be doing others who use this product a great favor!

Report an unsafe product here. 

If your injuries are severe and you suspect that they were caused by either a design or manufacturing defect, call an experienced product liability lawyer at Parker Scheer to determine if you might have the basis to file a product liability lawsuit. 

“No product, No case?”

It is very difficult to pursue a product liability case without having the actual defective product in hand to be used as evidence. We often say “no product, no case,” however, a photo of the product might also help. And it is always a good idea to save those receipts as proof that you actually purchased the item. 

Our advice:

  1. Keep your receipts
  2. Keep the defective product as evidence
  3. Take pictures of the product
  4. Photograph the injuries
  5. Photograph the circumstances 
  6. Call Parker Scheer

Hire Experienced Product Liability Lawyers

Even if you didn’t do any of 1-5 above, experienced product liability lawyers might be able to help. Lawyers at Parker Scheer LLP have successfully represented clients injured and killed as a result of a wide range of defective products. If you or a loved one have been injured or killed by a defective product, it’s important to get experienced representation. When choosing a lawyer to handle your product liability case, choose a firm with an established record of success in product liability cases.

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