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Defective product recalled after 3-year-old's death

In Atlanta, many buildings that host events, such as schools or churches, own portable stages and related equipment for entertainment purposes. Such venues may be interested to know that the United States Consumer Product Safety Commission has announced the product recall of one company's stage and riser caddies because of risk of injuries and fatalities. According to a news release from the CPSC, the recall of the defective product was made in cooperation with the manufacturer, Midwest Folding Products.

The recall affects approximately 5,300 stage and riser caddies, sold between January 1989 through March 2012, on which the latches do not automatically close to secure the stages and risers when stored. Without the latches closed, the stages and risers can fall off the caddies and onto consumers.

In 2011, a three-year-old South Carolina girl died from severe head trauma she suffered when a portion of a portable stage fell out of the caddy and onto her at a church.

The recall notice urged owners and consumers to stop using the caddies immediately and contact the manufacturer or distributor to receive a free repair kit with new brackets that will allow the latches to automatically return to the closed position, along with warning and instruction labels.

The CPSC was created by an Act of Congress in 1972 and began operating in 1973. The CPSC's goal is to protect the public from the dangers of dangerous or defective products that fall within its jurisdiction. However, it is an unfortunate reality that the CPSC will only discover such safety hazards once a defective product has caused harm. Even with the power of a recall, accidents can still occur.

The CPSC does not prosecute individual consumer cases. However, those injured by a defective product in Georgia may be able to file a product liability lawsuit to recover compensation for the injuries caused by a dangerous item.

Source: CPSC.gov, "Stage and Riser Caddies Recalled by Midwest Folding Products Due to Risk of Injury or Death," August 1, 2012

  • Or firm handles similar situations to the one discussed in this post. If you would like to learn more about our practice, please visit our Atlanta product liability page.

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