Consumers Push the CPSC to Enforce New Furniture Manufacturing Safety Standards

With children suffering injuries and fatalities due to furniture tip-overs, government leaders and safety advocates are pressing furniture manufacturers to comply with the forthcoming federal safety regulation, effective from September 1.

Between 2019 and 2021, the U.S. Consumer Product Safety Commission documented approximately 19,400 emergency room visits. Of these, a staggering 15,600 were attributed to furniture-related mishaps. Since 2000, furniture tip-over incidents have led to over 590 fatalities.

A 2022 report by the CPSC highlights that minors below 18 years constituted around 7,200 of the reported injuries.

Enacted by Congress in December 2022, the STURDY Act – an acronym for Stop Tip-overs of Unstable, Risky Dressers on Youth – mandates the Consumer Product Safety Commission to enhance the safety criteria for standalone clothing storage units, encompassing dressers, bureaus, and chests. This legislation emphasizes tip-over tests and updated warning protocols for all relevant products introduced to the U.S. market, as mentioned on the congressional portal.

All products manufactured from September 2, 2023 and onward will fall under this new safety directive.

Safety Advocates Demand Enforcement

Numerous parent and consumer protection groups have publicly called on the furniture sector to fully adhere to the CPSC’s new standards.

The collective plea is clear: adherence to these guidelines is paramount for ensuring the safety of children. Distressingly, in recent months alone, there have been at least three reported fatalities.

Nancy Cowles, Executive Director of Kids In Danger, expressed, “The furniture industry has been adequately alerted about the impending tip-over standards, having even contributed to its formulation. Post September 1, continuing to market non-conforming, unstable dressers is inexcusable. We already have a surfeit of these perilous units in residences. It’s high time they are eliminated from stores and digital platforms.”

Non-compliance not only jeopardizes young lives but should also incur severe repercussions, including hefty fines of up to $120,000 for each infraction and potential legal actions, the collective emphasized. This is especially vital if the CPSC doesn’t promptly and sternly act against any infringing entities from September 1.

Understanding the New Furniture Guidelines

The newly instituted regulation aims to shield children up to the age of six, as per CPSC’s statements.

Starting 120 days post its announcement in the Federal Register, manufacturers are obliged to produce more secure clothing storage units, with the CPSC overseeing market practices and ensuring standard enforcement.

ASTM International elaborated on the safety standards:

• The directive aims to mitigate child injuries and fatalities from tip-overs of freestanding clothing storage items, including, but not restricted to chests, dressers, and armoires that stand at least 27 inches tall, weigh over 30 pounds, and offer an enclosed storage space exceeding 3.2 ft³.
• This standard excludes units like bookshelves, entertainment centers, office furnishings, dining room sets, jewelry chests, and under-bed drawers, among others.
• While measurements in inch-pound are considered conventional, SI unit conversions provided are strictly informational.

Strategies to Protect Kids from Tip-Over Dangers

The CPSC previously indicated that many small children lost their life due to a falling TV, appliance, or furniture piece in the 2000s. Toddlers often became victims when climbing, tumbling against, or pulling up on furniture. Predominantly, incidents where furniture toppled alone or with a TV, especially chests or dressers, were the most deadly. These often had drawers that kids used as steps.

To enhance safety, the CPSC recommends:

• Securing furniture to walls or floors.
• Placing televisions on robust, low bases.
• If possible, push back the TV atop any furniture and ensure both are anchored.
• Avoid placing enticing items like remote controls or toys atop TV stands or furniture.
• Keep TV and cable wires away from kids.
• Ensure standalone kitchen appliances have anti-tip brackets.
• Always monitor kids in spaces where these precautions haven’t been implemented.

The Types of Damages That Might Be Pursued in a Furniture Crush Injury Lawsuit

If someone is injured due to furniture tipping over or collapsing, they might consider pursuing a legal claim against the responsible parties, such as the manufacturer, distributor, or retailer of the furniture. In such a lawsuit, various types of damages can be pursued, depending on the circumstances and jurisdiction. Here are common types of damages that might be claimed in a furniture crush injury lawsuit:

1. Medical Expenses: This includes costs for emergency room visits, hospital stays, surgeries, prescription medications, physical therapy, and any future medical care required as a result of the injury.
2. Lost Wages: If the injured party is unable to work due to their injuries, they can seek compensation for lost income. This might also include any future earning capacity if the injuries prevent them from returning to their profession or significantly hinder their ability to earn.
3. Pain and Suffering: These are non-economic damages that compensate the victim for the physical pain and emotional distress suffered as a result of the injury. This can also cover emotional distress, anxiety, depression, and other psychological impacts.
4. Loss of Enjoyment of Life: Compensation might be sought if the injured person can no longer participate in activities or hobbies they once enjoyed due to their injuries.
5. Property Damage: If personal property (like electronics, jewelry, or clothing) was damaged as a result of the furniture incident, compensation might be pursued for the value of these items.
6. Permanent Disability or Disfigurement: If the injury results in long-term or permanent physical changes, additional compensation may be pursued.
7. Wrongful Death: If the furniture crush incident leads to a fatality, the family or estate of the deceased may bring a wrongful death claim. In such cases, damages might include funeral and burial expenses, loss of consortium, loss of future earnings, and the pain and suffering endured by the deceased before death.
8. Punitive Damages: In cases where the defendant’s actions were particularly egregious, reckless, or intentional, punitive damages might be awarded. These are meant to punish the defendant and deter others from engaging in similar conduct.
9. Loss of Consortium: If the injury has a detrimental impact on the relationship between spouses or parents and children, compensation may be sought for the loss of companionship, affection, and other relational aspects.

It’s essential to consult with one of our personal injury attorneys because we are familiar with the laws and regulations in the specific jurisdiction where the incident occurred. We can provide guidance on the potential damages one might be entitled to and help navigate the legal process.

CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW

Parker Waichman LLP helps families recover monetary compensation for harm caused by dangerous products. For your free consultation, contact our national product liability law firm today by using our live chat or calling 1-800-YOUR-LAWYER (1-800-968-7529).