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Jun 04, 2023

Malden company accused of deadly delay in reporting window awning problems

The Justice Department is suing a Malden manufacturer and retailer of window awnings over alleged delays in reporting a potentially hazardous defect linked to several injuries and one death. The civil

The Justice Department is suing a Malden manufacturer and retailer of window awnings over alleged delays in reporting a potentially hazardous defect linked to several injuries and one death.

The civil complaint alleges that SunSetter Products LP failed to notify the Consumer Products Safety Commission promptly after it first received safety complaints about its motorized retractable awnings in 2012.

SunSetter delayed filing reports until late 2017, weeks after it learned of the death of a 73-year man allegedly due to a defect in the company’s retractable awnings, according to a civil complaint filed by the Justice Department last week in US District Court in Boston.

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The allegations concern vinyl covers used when the awning is retracted and rolled up for protection from off-season weather. The covers in question were held in place by bungee tie-downs provided by SunSetter.

Over the years, SunSetter received complaints from customers who released the awning by removing the tie-downs, the complaint says. The problem stemmed from the fact that some consumers did not realize the motorized awning — remotely controlled — was inadvertently turned on, the complaint says.

In those cases, once the tie-backs were removed, the motorized awning suddenly and unexpectedly surged forward, the complaint says.

“The force of the stored energy from such a sudden, unexpected opening is sufficient to knock over anyone standing in the awning’s path, particularly on a ladder or stool, putting [them] at risk of serious injury or death,” the complaint says

“SunSetter was aware of this defect and hazard as early as March of 2012, when a customer notified SunSetter that his awning sprang open when he removed the cover,” the complaint says.

SunSetter received two more complaints in 2012, according to the complaint. A year later, a SunSetter customer service representative, in apparent acknowledgment of a hazard, advised a customer to roll up the awning manually and to unplug the awning before removing the tie-downs, the complaint says.

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In 2013, a customer reported breaking an arm and a leg after a SunSetter awning opened suddenly, knocking him off a ladder, the complaint says.

Two years later, SunSetter sent the first of two warnings to approximately 305,000 customers: “Do not place the ladder or stand in front of the awning front bars. Doing so could result in personal injury,” according to the complaint.

SunSetter updated its warning a year later with “instructions on the safe removal of the bungee tie-downs,” the complaint says.

In September 2017, “a 73-year-old man died after falling from a ladder and over a balcony when the motorized awning opened unexpectedly and struck him while he was removing the cover’s bungee tie-downs,” according to the complaint and a 2019 recall alert issued by CPSC.

About a month later, SunSetter “for the first time” submitted a report to the CPSC, the complaint says. “By that time, SunSetter had received at least 14 reports of its awnings unexpectedly opening … four of which were reports of consumers being injured, including one who died.”

A lawsuit was filed by the family of the man who died, according to the complaint. SunSetter declined to comment on any lawsuits. The CPSC did not respond to a request to comment.

In 2019, SunSetter and the CPSC jointly announced a recall. By then, the manufacturer was providing consumers with “breakaway safety clips” to retrofit their awnings for protection from injury.

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SunSetter “had information for years that reasonably supported the conclusion” that its product “created an unreasonable risk of injury or death but did not report this information to the CPSC until after the death of a consumer,” the complaint says.

Manufacturers, distributors, and retailers are legally required to notify CPSC immediately when they become aware of information that “reasonably supports” the conclusion that a defect in a product creates “an unreasonable risk of serious injury or death.”

“The purpose of this requirement is to bring potentially dangerous consumer products to the attention of the CPSC in a timely fashion so that it may act swiftly to protect consumers,” the complaint says.

The Justice Department, acting on behalf of the CPSC, in its complaint asked for unspecified civil penalties, plus a court order mandating that SunSetter take certain steps to ensure future compliance with CPSC reporting regulations.

“Companies must report safety issues in consumer products immediately, as the law requires, to prevent unnecessary injury or death,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division.

The CPSC “cannot do its job without strict compliance by industry,” said US Attorney Rachael S. Rollins. “Manufacturers must be held accountable for failing to comply.”

In a statement, a spokesperson for SunSetter disputed the allegations, saying it “promptly” reported the “potential issue.”

“We plan to vigorously defend this matter,” the statement says.

“While we don’t comment on pending legal matters, SunSetter disagrees with the action taken by the [Justice Department], disputes the allegations set forth in the complaint, and disagrees with the CPSC’s characterization of the facts,” the statement says.

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“At SunSetter, we have a long-standing commitment to consumer safety and to producing high quality and durable products,” the statement says.

Got a problem? Send your consumer issue to [email protected]. Follow him @spmurphyboston.