Poison
Documents
By 1981, Consumer Product Safety Commission studies
suggest the window covering 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 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 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 mini 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.
Government and Industry documents suggest the manufacturers of mini blinds and corded window covering products have made a conscious decision to not effectively address this hazard which has killed over 768 children.
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.
While the Consumer Product Safety Commission began compiling
statistics on corded window covering product deaths in 1973, it seems
they have lost and/or destroyed many of their early in depth investigation
reports relative to corded window covering deaths. By cross referencing
litigation files from lawsuits dating back into the early 1980s, consulting
with leading experts in the field and accessing internal documents produced
in litigation against manufacturers and retailers throughout the country,
The Onder Law Firm has compiled what we believe to be the most complete
database of prior injuries and deaths available in the United States,
including documentation which was long ago discarded by the Consumer Product
Safety Commission.
Our database of information and poison documents is
unrivaled by anyone in the United States.

|