David P. Miraldi
The Consumer Product Safety Commission (CPSC) in a press release issued May 6, 2011, has urged consumers to stop using "metoo" clip-on table chairs, imported by phil&teds USA Inc. Phil&teds USA Inc., is a major retailer of children's products and is based in Fort Collins, Colorado.
The chairs in question are made of a nylon fabric seat and a metal frame that attaches to the table top using metal clamps. The chair is made in three fabric colors: red, black and navy. The clip-on chairs affected by this warning do not have plastic spacers between the table clamps and the front horizontal metal bar.
The clip-on table chairs are intended for use by infants and toddlers. They pose serious fall and amputation hazards to infants and toddlers placed in them. The affected chairs can detach from the table, causing the child to fall to the floor and posing a substantial risk of impact and head injury. The horizontal metal bar across the front of the chair can also lead to children's fingers being pinched, lacerated, crushed or amputated upon detachment from the table top.
Phil&teds has offered a repair kit that is unacceptable to the CPSC and has further refused to agree to a national recall of the hazardous product.
Not only is it reported that the product has design defects which are dangerous, but the CPSC indicates that the product instructions and marketing information conflict. The product is shown being used in ways that could cause the chair to detach from the table and instructions provided with the product do not sufficiently warn against detaching.
The CPSC would like incident or injury reports relative to this product. You can report the incident or injury at www.saferproducts.gov .
For answers to your legal questions about Dangerous and Defective Products Law call Miraldi & Barrett, Co., L.P.A. toll-free at 1-800-589-3023 or use our on-line contact form.
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