IKEA is a popular furniture retailer based in Sweden. People visit stores and shop for the brand online. Unfortunately, some of IKEA’s furniture has caused injuries and deaths from tipping over.
According to USA Today, at least six children have died in the past decade because of IKEA’s furniture tipping over onto them. The company has paid at least $96 million in settlements.
IKEA has been accused of being too slow to:
- Pull dressers off the market that are noncompliant with furniture industry safety standards
- Issue recalls of products it knows pose a risk of serious injury or death to children.
The CPSC estimates that a child dies every two weeks because of furniture and appliances falling on them. Televisions, tables, dressers, and furniture make up 96% of the accidents. Approximately 60% of the children die because they are crushed when the furniture falls on them.
How Is IKEA Responsible When Its Furniture Hurts Someone?
Companies have a legal duty of care to their customers and the general public to make, distribute, and sell safe products. Breaching the duty of care can constitute negligence. Product liability lawsuits based on unsafe products usually stem from strict liability, breach of warranty, violations of consumer protection laws, or negligence.
Under product liability laws, the parties involved in creating, manufacturing, and selling defective or unsafe products can be liable for damages caused by those products. That means designers, manufacturers, distributors, retailers, and other parties could be named in a product liability lawsuit.
Product defects that could result in liability for damages for future tip-over accidents include:
- A defect in the furniture’s design made the product unreasonably dangerous. The defect would apply to all products manufactured using that design.
- Manufacturing defects occur when changes or errors are made during manufacturing, rendering products dangerous.
- Marketing defects can also lead to product liability lawsuits if there are insufficient instructions or improper product labels. A failure to warn of specific risks can also be considered a marketing defect.
The victims in the IKEA cases allege that the product’s design and manufacturing defects led to the injuries and deaths. Some victims claimed that the IKEA dressers did not meet safety standards. However, IKEA maintains that the furniture met the safety standards.
Parents need to read the information provided with products and take steps to protect children from tip-over furniture accidents. The CPSC recommends anchoring televisions and furniture to prevent them from tipping over.
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What Should I Do if My Child Is Injured by IKEA Furniture?
The first priority is your child’s health. Take your child to a doctor as soon as possible. If the injury is severe, call 911 to request emergency medical services.
Prompt medical care gives your child the best chance of surviving dresser injuries and making a complete recovery. It also helps to link your child’s injury to the defective dresser, which is a required element in a personal injury case.
Do not throw away the piece of furniture. Preserve it as evidence for your child’s personal injury case. If you still have the instructions or packaging, keep that as well. Document the scene by taking photographs and making a video.
If you have a nanny camera or other video in your child’s room, preserve the video of the accident. If anyone witnesses the accident, make sure you have their names and contact information.
Make an appointment with an experienced Houston child injury lawyer as soon as possible. An attorney can help you take additional steps to hold IKEA and other responsible parties accountable for their actions. In product liability cases, these parties are often held strictly liable when a defective product causes an injury or death.
What Damages Can Someone Receive if an IKEA Dresser or Other Defective Product Injures Them?
Children or adults injured by defective products can collect compensation for their economic and non-economic damages.
Examples of damages in an IKEA product liability lawsuit include:
- Medical expenses from the date of injury through settlement
- Future medical bills for permanent impairments and disabilities
- Emotional distress and mental anguish
- Out-of-pocket expenses, including personal care and household services
- Physical pain and suffering
- Past and future lost wages, including a decrease in earning capacity
- Diminished quality of life and loss of enjoyment of life
- Permanent impairments, disabilities, scarring, and disfigurement
Product liability claims are complex personal injury cases. They often involve time-consuming investigations and hiring expert witnesses to offer opinions that support your claim. Working with an experienced Houston product liability lawyer gives you the best chance of winning your case. If you are unsure whether you have a claim, you can talk with an attorney for free during an initial consultation.
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Contact the Houston Product Liability Lawyers at Attorney Brian White Personal Injury Lawyers For Help
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About the Author Brian White
Brian White earned his J.D. from South Texas College of Law in Houston and is licensed to practice in Texas. He is a Board-Certified Personal Injury Trial Lawyer.
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