Earlier last month, Ross Procurement Inc. voluntarily recalled its Metal Bistro chairs due to a falling hazard. The metal chairs are foldable chairs, and when the chairs are unfolded, the seats attach to the chair frames. However, the seats on the recalled chairs can fail to attach to the frames when the chairs are unfolded, causing the chairs to collapse when consumers sit on them. This poses a fall and injury hazards to consumers.
About 840 chairs were recalled. The recall involves metal folding bistro chairs that are orange in color. The chairs are about 36 inches tall, 15 inches wide and 16 inches deep.
There have been 3 reports of minor injuries from the chairs collapsing. Injuries include back strain and minor bruises. The chairs were sold in Ross stores nationwide from February 2014 through April 2014 for about $30.
It is likely that the recalled chairs were defective, and there are 3 ways consumer products can be defective:
A product can contain just 1 type of defect, or it can contain 2 or even all 3 types of defects. The folding chair was either defectively designed and/or defectively manufactured.
A product is defectively designed if it is unsafe for the consumer to use it for its intended purpose. In the case of the recalled metal chairs, the intended purpose is for consumers to sit on the chairs. Therefore, the chair should not collapse when consumers sit on them. There may be a design defect for the part that attaches to the chair frame. Perhaps the part is too small so that it doesn't attach properly. If the part was designed to be bigger, perhaps it could attach properly to the chair.
The recalled metal folding chairs could also have a manufacturing defect, i.e., something went wrong during the production. For example, perhaps the part that attaches to the chair became deformed during the manufacturing process, thereby making it unable to attach properly to the chair.
Consumers injured by the above recalled chairs are fortunate that their injuries were minor. They could have sustained serious injuries. Consumers who are injured by defective or recalled products have legal rights and may recover financial compensation from the manufacturers.
Daniel J. O'Brien is a personal injury lawyer in PA and NJ and has been with White and Williams for 30 years. He has helped countless accident victims, including those injured by defective products. Call today for a FREE case assessment. 877.944.8396