Every home likely has some variation of a window blind. Whether it is a popular standard model or a custom made blind, they all impose an inherent danger. Statistics show that about 12 infants die of accidental strangulation annually.
These deaths are ones that can be avoidable. Manufacturers have a duty to produce commercially safe products. Failing to do so can hold all commercial resellers of the product liable for injuries.
Studies show that since 1997 the industry producing such products has been aware of the potential dangers. A study published in a prominent medical journal indicated that these types of cords pose a serious “strangulation hazard”. However, the manufacturers have failed to produce safer models at comparable prices.
While cordless models are available they are substantially more expensive to produce. If the industry manufacturers are aware that death occurs from the use of their product and commercial alternatives are available, should they be held liable?
Defective Products laws – Window Blind Product Liability
: It is possible to assert that the current blinds responsible for these injuries are inherently defective. Simply because manufacturers have a cordless model, it does not negate the defective nature of the current product in the marketplace. Since these products cause serious injury or death, they are inherently defective in design. The overall design of the product can be considered defective.
When dealing with a product defect case, it is important to consider the liability of the parties. In such cases all entities responsible for the sale of such products can be held liable. This means that all wholesalers, retailers, manufacturers, online distributors and others can be liable for injuries.
: If your child has been injured feel free to contact our law firm to speak to a product liability attorney. You may be entitled to compensation for your injuries. While a lawsuit is wont bring back a loved one, it can prevent others from suffering a similar tragedy. Often times the only way to get manufacturers to change their current designs is through litigation.
Consumer Product Safety Commission Alter for Window Blind Chocking Hazards