IKEA Loses Product Liability Lawsuit Over Defective Furniture
In January 2020, the parents of a toddler who died after he was killed by an IKEA dresser that fell on him were awarded $46 million in damages. This is believed to be the largest awarded settlement in the death of a child. The lawsuit was filed in 2018 after the dresser fell on top of their son, crushing his neck and resulting in his death from suffocation. An earlier recall of IKEA furniture that did not meet U.S. standards had resulted in other fatalities and injuries. Consumer advocates said that company actions to warn consumers and to prevent further injuries and deaths were not enough.
Liability for Defective Products
Manufacturers, parts suppliers, designers, and others are expected to provide products that are safe for consumers when they are used as intended. When they fail to do so, and someone is injured or dies as a result, a claim can be placed for financial compensation. Product liability laws in California are consumer-friendly, however, a claim must be filed before the statute of limitations is reached. Otherwise, the case for compensation will not be heard in court. Enlisting the help of an experienced personal injury lawyer who has dealt with product liability cases can ensure that the paperwork will be filed on time. In the state, there are three types of product liability: Defect in manufacturing, defective design, and failure to provide adequate instructions or warnings.
IKEA Recall and the Push for Safety
Consumer advocates, including the Dudeks and other families who lost children because a piece of furniture fell on them, have been vocal about IKEA not doing enough to warn people of the dangers. In 2016, IKEA issued a massive recall of unstable and dangerous dressers in the MALM line, which caused the deaths of 10 people when they fell. That same year, the company offered repair kits to anchor the furniture to a wall or full refunds for all of the bureaus, chests or dressers they had sold since 1985 in the United States. However, the first known death to occur from an unstable piece of furniture happened in 1989, according to Nancy Cowles, the Kids in Danger executive director.
The multi-million dollar settlement awarded to the Dudeks comes after the rebuke by consumer advocates. They said that IKEA wasn’t doing enough to protect children from injuries caused by the company’s furniture. Included in the settlement, IKEA will be meeting with a group that supports adding stabilizing mechanisms to dressers. The Dudeks themselves are donating $1 million to each of three different groups for consumer advocacy. Advocates have also urged the U.S. Congress to pass a bill called the Sturdy Act. This act would require the Consumer Product Safety Commission to set rules for the stability of furniture to prevent further accidents.
Results of the Product Instability Report
A product instability report was issued by the Consumer Product Safety Commission in November 2019. The criteria for reporting tip-over accidents changed in 2018. Before then, reports of incidents involving tip-overs focused on television sets because they were believed to cause more fatalities and serious injuries. As the number of accidents involving televisions declined, the focus moved to furniture. This refocus is because televisions or appliances often rest on a piece of furniture, and when one falls, they both do. In addition, the furniture itself is unstable in many cases. Between 2016 and 2018, there was an average of 27,100 injuries treated in emergency rooms related to tip-over accidents. From 2000 to 2018, 556 fatalities were reported. In other words, tip-overs account for many injuries and fatalities each year.
Other Tipping Accidents
A $50 million dollar settlement was reached in other tipping accidents that occurred in Washington state, Pennsylvania, and Minnesota in which three 2-year-old toddlers died. As part of the settlement, IKEA made a donation of $150,000 to different children’s hospitals, one in each state where the deaths occurred. All three cases involved IKEA dressers. The child in Washington state died when an IKEA MALM dresser with three drawers fell on him at his house in Snohomish. The child died several days after the accident, shortly after his second birthday, despite efforts by medical personnel to save him. The child in Pennsylvania was crushed when the six-drawer dresser in his bedroom fell on top of him. The third child was asphyxiated when his six-drawer dresser at his Apple Valley, Minnesota home fell on him.
Legal Arguments and 2016 Recall
Lawyers representing the families of these three children asserted that the design of the dressers was unsafe and caused them to tip over easily. Evidence in the case proved that IKEA knew the dangers inherent in the dresser design, which did not meet safety standards in the United States, unlike other companies. The lawyers in the case argued that IKEA was aware of deaths and injuries that had occurred due to their faulty design. However, it wasn’t until the 2-year-old in Minnesota died that the company agreed to recall their MALM dressers and other furniture that did not meet the minimum standards for stability and safety. That recall was issued by the company on June 28, 2016, and involved 29 million pieces of furniture.
Mediation in the wrongful death case resulted in the $50 million settlement being divided between the families of the three toddlers. In addition to the funds donated in the memory of the little boys to hospitals within their states, IKEA donated $100,000 to an organization that focuses on the prevention of tip-over accidents. Also, IKEA agreed to only sell furniture in the United States that meets the country’s safety standards. The furniture company is increasing its funding for a program that heightens public awareness of tip-over accidents.
Accident Statistics Involving Tip-Overs
According to the Consumer Product Safety Commission, between 2016 and 2018:
- 12,500 children under the age of 18 (46 percent) received treatment at emergency rooms around the nation for injuries caused by furniture tipping.
- 10,300 accident injuries caused by tip-overs happened to adults between the ages of 18 and 59.
- 4,200 tip-over accidents that involved trips to the emergency room happened to seniors 60-years-old or above.
The CPSC also reported the following fatality statistics, which occurred from 2000 to 2018:
- Children under the age of 14 accounted for 83 percent of the deaths caused by tip-overs with 459 fatalities reported.
- Adults between the ages of 28 and 47 were killed by furniture that tipped over in 4 percent of the cases.
- 14 percent of the fatalities caused by tip-overs occurred to seniors who were 60-years-old or older. The number of individuals reported around the nation was 77.
Where Tip-Over Accidents Occur
A tip-over accident is much more likely to occur in the home rather than in other locations. Seventy percent of all falling furniture accidents between 2016 and 2018 occurred in the home, while 8 percent happened at a public location, and the areas where the rest happened were not specified. With regard to the locations where fatalities occurred, 91 percent happened in homes, 4 percent were in public locations, and the rest were unspecified. A high 46 percent of these fatalities occurred in bedrooms, while 11 percent happened in dining rooms, kitchens, and other rooms in the home.
Defective Designs in Product Liability Cases
In the state of California, two tests are used to determine whether a manufacturer is liable in cases involving defective designs. The first test involves risk versus benefits, and the second addresses the expectations of consumers. A product may be determined to fail the risk/benefit test if a danger in the design does not outweigh its benefits. In a product liability case, the consumer’s expectations are used to show that the product did not perform in the manner in which it was expected. Other members in the distribution chain can also be held responsible, such as the seller, distributor, designer, wholesaler, and others.
Product Liability Cases Differ From Other Personal Injuries
In most personal injury cases, the plaintiff has to prove that the person/entity owed them a duty of care, failed in that duty and that they suffered an injury and monetary loss because of it. This is not the basis of a product liability case. Under California law, the manufacturer and others in the chain are “strictly liable” and can be held responsible legally for any injuries or fatalities caused by the product. Instead of the conduct being focused on to show negligence, the product itself simply has to be shown as defective and/or dangerous and that this caused the injury or death. California courts have ruled that companies that have made money from the sale of a product should bear the cost of any fatalities or injuries that result from using that product. Among the reasons cited are:
- The sale of defective products would be discouraged, which is in the interest of the general public.
- The manufacturer is capable of guarding against producing products that are hazardous and can anticipate problems in advance to prevent them.
- The cost of an injury or loss of a loved one can be overwhelming to a consumer. On the other hand, the manufacturer can carry insurance against any losses and pass that cost onto other customers.
Product Defects and Liability in California
The use of strict liability in California makes it easier for an injured party to receive compensation in a product defect case. Even when the manufacturer and others in the chain of distribution are responsible for injuries, it is not necessary to prove negligence. This lowers the time and costs the injured party (plaintiff) must expend to recover damages. Taking a product liability case to court requires that:
- The product was defective due to poor design, manufacture, or distribution.
- The consumer received a defective product.
- The plaintiff used the product in the way for which it was intended.
- Because of the defect, harm, or death ensued.
The third requirement means that the plaintiff must use the product in a reasonably foreseeable way. Furniture such as dressers are built to hold or store clothing or other items. The manufacturer/designer must build the product to withstand the extra weight and remain stable. A defective design would be one where the sides and front of the unit are made from wood or metal, and the back portion is made of lightweight material, making the unit heavier in the front. Clearly, when the extra weight of items is added, or more than one drawer is opened simultaneously, it could make the unit unstable.
How a Product Liability Lawyer Can Help
It is important to retain an experienced product liability lawyer who has the resources and legal acumen to go up against large companies such as IKEA. Our firm believes that no one should accept financial harm on top of physical injury or the death of a loved one. We have handled all types of product liability cases from auto defects to failed brakes. Our investigative lawyers examine the case, focusing on the reasons why the product is defective and the number of individuals hurt by it. They look to see how the product is violating standards and if the company provided warnings and adequate instructions to consumers. Once all the information is gathered, our investigators release it to our attorneys, who use it to build a strong case for our client.
Sacramento Furniture Tip-Over Lawyers
I’m Ed Smith, a Furniture Tip-Over Accident Lawyer. If you or a family member was hurt because of an IKEA product that fell, you may be able to collect fair compensation. I can be reached within the Sacramento area code at (916) 921-6400 or through my toll-free line from elsewhere in Northern California at (800) 4040-5400. If you prefer, you can message me online. I will get back to you as soon as I am able.
I am honored to have served the people of Sacramento and Northern California for more than 38 years as an injury lawyer. During those years, I’ve helped many people get the compensation they deserve for all kinds of traffic accidents, traumatic injuries, and wrongful deaths.
I belong to a number of groups that I am proud of, including the National Association of Distinguished Counsel. Members are chosen based on those having the highest standards of excellence in the legal profession. In addition, I am a member of the Million Dollar Forum, which only admits lawyers who have won more than one million dollars for a client.
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Photo Attribution: https://pixabay.com/photos/ikea-building-warehouse-furniture-1376853/
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