Window Blind Cord Injury History
By 1981, Consumer Product Safety Commission studies suggest the window blind industry was well aware of over 41 documented deaths since the Commission’s creation in 1973. By 1985, the Consumer Product Safety Commission would no longer allow the window blind industry to keep its head buried in the sand, ignoring senseless injuries and deaths. The Consumer Product Safety Commission pushed the window covering ndustry to begin warning of the dangers associated with corded window covering products. In 1987, a Florida attorney, representing the family of a 3 year-old who had strangled on a window blind cord, wrote to every major manufacturer of corded window covering products, along with the Window Covering Manufacturers Association, pleading that the hazards associated with such cords be addressed. The response of legal counsel for the window covering industry was astounding. Counsel wrote:
This is in response to your recent letter which was sent by certified mail to many of our members. Your letter has caused concern because it could easily be perceived as an attempt to put its recipients "on notice" of the dangers you allege in an attempt to strengthen plaintiff’s positions in future litigation.In essence, in 1987, legal counsel for the window covering industry acknowledged the industry was "on notice" of the dangers of corded window covering products, yet did nothing to move forward, redesign its products and eliminate these hazards. A similar letter was written in 1990 by legal counsel for a Missouri family whose 18-month-old son was killed by the cord from a window covering. That letter put the window covering industry "on notice" of the hazards associated with inner cord strangulation. Despite being "on notice" of inner cord strangulations in 1990, the 1994-1996 recall failed to address inner cord problems, and even the 2000 recall did not correct the problem.
Minutes from industry meetings make it clear the window covering industry got together in 1994 and made a conscious decision not to discuss alternate safe designs for corded window covering products. When the issue of alternate safe design was raised, the topic was essentially dropped once concern was raised as to how such discussion could affect legal liability. Faced with increasing pressure from the Consumer Product Safety Commission to eliminate the strangulation hazard, industry manufacturers, distributors and retailers met in 1996 to promote their first retrofit campaign. Window covering industry leaders explained retailers, wholesalers, and manufacturers should assist in the recall/retrofit efforts, for if the industry did nothing, they would increase their legal liability and would have a huge punitive damage exposure for their failure to act.
Acknowledging the window covering industry would have an enormous punitive damage exposure if they did nothing, industry leaders requested financial assistance to engage in a recall/retrofit program to separate the tassels of window covering cords, but made a conscious decision to choose a "fix" which it knew was akin to doing nothing and would be ineffective. In fact, before choosing the "fix" in question, studies already revealed its proposed "fix" was not going to work and children would continue to die.
The window covering industry was warned that the purported "fix" would create a false sense of security and actually increase the risk associated with window blinds and corded window covering products. Industry leaders knew this retrofit did not address the problems associated with inner cord strangulation, but did not amend the program to address those concerns. In fact, the hazards associated with inner cord strangulation were not addressed until some four years later during the 2000 recall. Even then, prior to acting, documents reveal the window covering industry knew its proposed recall would be similarly ineffective.
At the same time, the industry continued to tout their newly retrofitted products as "child safe," knowing they were not.
At The Onder Law Firm, we have compiled the most comprehensive database of window covering industry documents available in the United States. We have examined the files from attorneys throughout the nation who have filed suit against window covering manufacturers in the past. We have documents produced by most major manufacturers and retailers of window covering products, documenting their knowledge of the defect dating back into the 1970s.
The Onder Law Firm has the most complete set of documents ever produced in litigation from the Window Covering Manufacturers Association and Window Covering Safety Council, including written documentation of the internal correspondence, meeting minutes, and communications with the Consumer Product Safety Commission, Consumer Advocates, and consumer advocacy groups.
If you or a loved one has suffered from the trauma over the loss of a child as a result of a corded window covering, fill out our online form or call us toll free at 1-866-828-4699.
For more information contact the Onder Law Firm.
OnderLaw, LLC
1-866-828-4699
Window Blind Cord Injury Attorneys