Unique pieces of furniture have always been a staple way to create art in your home. Individuals and families pick out specific types of furniture as a form of style and art. However, furniture tip-over accidents may create serious hazards and cause severe or life-threatening injuries when the proper safety precautions are not taken. Understanding how and why these accidents may occur, as well as your legal considerations, is crucial the next time you go furniture shopping.
Why Do Furniture Tip-Over Accidents Happen?
Furniture can become unstable for many different reasons. In some instances, opening several dresser drawers at the same time may significantly increase the chances of this. In other cases, a child may use an open drawer as a step, causing the item to fall on top of them.
The following are common circumstances associated with furniture tip-over accidents.
- Dressers or cabinets that are not anchored to a wall
- Furniture with a high or unstable center of gravity
- Multiple drawers being opened simultaneously
- Children climbing on drawers or shelves
- Heavy televisions or other objects placed on top of furniture
- Missing or inadequate anti-tip devices
- Improper furniture assembly
- Damaged or defective components
- Uneven flooring
- Inadequate instructions or safety warnings
The cause of an accident is important because liability usually depends on the specific facts surrounding the incident.
Why Children Face Particular Risks
Young children may not understand the danger presented by heavy furniture. Children are also smaller and may have difficulty escaping if a large piece of furniture falls. A tip-over accident may cause serious injuries involving the head, neck, chest, arms, legs, or internal organs.
Possible injuries may include fractures, traumatic brain injuries, crush injuries, lacerations, spinal injuries, and other forms of physical trauma. In instances that are most severe, furniture tip-over incidents can be fatal.
As a result, furniture stability and proper installation can be crucial in homes and other environments where children are present.
Product Liability and Defective Furniture
Some furniture tip-over accidents may raise product liability issues. Manufacturers, distributors, and retailers may potentially face liability when a product is defective, and the defect contributes to an injury.
Defects in the overall Design
A design defect may involve furniture that is said to be unstable because of its dimensions, weight distribution, drawer configuration, or other design characteristics.
Manufacturing Defects
A manufacturing defect may occur when an individual product is different from its intended design because of an error during manufacturing. A warning or instruction issue may occur when consumers are not properly informed about a possible tip-over hazard or are not provided appropriate instructions regarding anchoring or assembly.
Determining whether furniture was defective often requires examining the product itself, its instructions and warnings, applicable standards, and the circumstances of the accident.
Can Property Owners or Landlords Be Responsible?
Not every furniture tip-over case involves the manufacturer. If furniture is provided as part of a furnished apartment, hotel room, vacation rental, daycare center, or other property, the owner may also be a part of the investigation. For example, questions may arise about whether furniture supplied by the property owner was properly assembled, maintained, or secured. If the owner knew or reasonably should have known about a dangerous condition, premises liability principles may potentially become relevant. California property owners generally have a duty to use reasonable care in maintaining their premises.
It is also important to note that a landlord is not automatically responsible simply because an accident occurred inside a rental property. Liability depends on multiple factors such as who owned or supplied the furniture, who installed it, whether the hazard was known or reasonably discoverable, and whether reasonable measures could have reduced the danger.
Preserving Evidence After a Furniture Tip-Over Accident
It may be important to preserve specific pieces of evidence and documentation after a furniture tip-over accident. This is because evidence can change quickly after an accident occurs. Someone may move the furniture, repair it, or dispose of damaged components.
When possible and safe to do so, injured individuals or their families may want to preserve information concerning the condition of the furniture at the time of the accident.
Photographs and videos may document the furniture, drawers, wall, flooring, anchoring devices, damaged components, warning labels, and surrounding area. Assembly instructions, receipts, packaging, model numbers, and product labels may also become important.
If the furniture was located at a rental property, hotel, daycare facility, or other business, written incident reports and communications with the property owner may also be necessary. In addition, medical records can help document the injuries and treatment following the accident.
Who May Potentially Be Liable?
Depending on the circumstances, more than one individual or business may be involved in a furniture tip-over personal injury claim. The following parties may be held accountable.
- Furniture manufacturer
- Component manufacturer
- Distributor
- Retailer
- Property owner
- Hotel operator
- Landlord
- Daycare provider
- Installer
Identifying the appropriate parties may require reviewing the furniture's supply chain as well as how the product was assembled, installed, maintained, and used. In some cases, responsibility may be discussed or shared among multiple parties.
Legal Guidance After a Furniture Tip-Over Injury
Furniture tip-over accidents may cause severe damage and serious injuries, especially when furniture items are large and heavy. As a result, individuals may benefit from seeking legal guidance and support when suffering from a furniture tip-over accident. An experienced attorney may be able to explain applicable California laws, specific deadlines, and preserve the necessary evidence needed for your personal injury case moving forward.
How KAASS LAW Can Help
Furniture tip-over accidents are more common than many people think. As a result, KAASS LAW is determined to help victims understand their rights and responsibilities throughout their case, and those experiencing injuries from a furniture tip-over accident. Oftentimes, these types of incidents may cause serious challenges and complications that individuals are not prepared to handle on their own. This is where KAASS LAW comes in. If you or a loved one has experienced a furniture tip-over accident, you are not alone. Call KAASS LAW today for a confidential consultation and to discuss your potential options for the future.