Unsafe Products: Manufacturers’ Duty to Inform

When manufacturers of dangerous and defective ladders fail to warn or recall their harmful products, it causes unnecessary injury and losses
When manufacturers of dangerous and defective ladders fail to warn or recall their harmful products, it causes unnecessary injury and losses

Earlier this summer, step ladder maker Cinmar agreed to pay a $3.1 million civil penalty for failing to inform customers about defective step ladders.

Manufacturers, distributors, and retailers are required by federal law to report to the Consumer Product Safety Commission (CPSC) immediately (within 24 hours) after learning of a product defect which could create a substantial hazard, poses risk of serious injury or death, or fails to comply with any consumer product safety rule.

Although more than 1,200 Cinmar step ladders had been returned for breakage and other defaults, and the company had received two dozen reports of injuries caused by the defective ladders, the company did not notify the CPSC.

According to defective product injury lawyer Doug Landau, sometimes it takes an injury lawsuit and/or a fine from the Occupational Safety and Health Administration (OSHA) to get companies to fix or recall an unnecessarily dangerous product.  Since most OSHA fines Landau has seen in Virginia are minimal — even in catastrophic and fatal workplace injury cases — it is the trials and settlements of injury and disability cases that tend to grab the attention of unsafe manufacturers the most.  “Often, because of lack of funding and manpower, the Virginia OSHA offices cannot perform the way the public expects them to after a catastrophe,” Landau adds.  After the de-funding of OSHA by the Bush administration, the Occupational Safety & Health Administration has been over-extended and undermanned.

If you or someone you know has been injured while using a defective product and there are questions as to what laws apply, email or call Abrams Landau, Ltd. at once (703-796-9555).