New York Noncompete, Trade Secret & School Negligence Blog
This blog by the six-time published author Jonathan Cooper, is intended to educate the general public about issues of interest, particularly innovations and changes in the law, in the areas of non-compete agreements, breach of contract matters, school negligence (and/or negligent supervision), construction accidents, slip and/or trip and fall accidents, auto accidents, and, of course, defective or dangerous products.
For additional information on any of these topics, readers are encouraged to download these FREE e-books:
- To Compete or Not to Compete: The Definitive Insider's Guide to Non-Compete Agreements Under New York Law
- When Schools Fail to Protect Our Kids
- When You Don't Have a Written Agreement
- Why Most Accident Victims Do Not Recover the Full Value of Their Claim
- Why Are There So Few Successful Defective Products Lawsuits?
Interestingly, this announcement does not clarify why these particular products made the "Top Ten" list. While some may be inclined to think that this is a cheap marketing gimmick, or a vain attempt at humor (ala David Letterman), my reading of the description of incidents that led to the recall of these dangerous products convinces me that this is not the case. The distinguishing characteristic of these products? Unlike many other consumer safety recalls, the design defects in these particular products (mostly defective cribs) led to several wrongful deaths.
That said, I am still troubled by a few aspects of the CPSC's press release. One, if the stated goal of the Top Ten List is to garner and focus the public's attention on the unique dangers presented by these particular children's products, then they should say so. And rather than just issue a simple press release, they should broadcast this list all over the news, and post videos on the internet that demonstrate the manifest dangers of these products. Second, if the government went to the trouble of conducting a study roughly ten years ago which assessed whether re-sellers of consumer products were compliant with Federal law barring the re-sale of recalled products, why wasn't a companion study done to assess what measures could be implemented to improve compliance. Wouldn't that have been more important than the first study?
Thankfully, it appears that these recalls have compelled the CPSC to finally recognize critical problems not only with crib safety but also with the consumer-product-recall system. As we’ve noted previously, since crib makers are not required to undertake significant steps to announce the recalls, the vast majority of consumers never hear about them; and even if the consumers do hear about the recalls, it appears that many of them don’t respond to the recalls because they assume that their particular crib is okay so long as they haven't experienced problems with it.
Let’s hope the CPSC can use this recall constructively, and come up with a solution that will help product recalls work.