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Defective Awning Lawsuit

Defective Awning Lawsuit

Recalls have been issued for retractable awnings due to electrical shock and injury hazards. A death occurred when a man fell off a ladder after a motorized awning opened and hit him.

What You Can Do & How We Can Help

The Schmidt Firm, PLLC is currently accepting awning induced injury cases in all 50 states. If you or somebody you know has been injured or died after using a defective awning, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Product Liability Litigation Group or call toll free 24 hours a day at (866) 920-0753.

UPDATE: SunSetter Sued for Delaying Recall of Deadly Awnings

In April 2023, the U.S. Department of Justice and the CPSC filed a lawsuit against SunSetter Products LP for delaying a recall of 270,000 vinyl covers for motorized awnings until after a man died. The problem is that when consumers remove the bungee tie-downs for the cover, the awning can spring open so violently that it knocks the consumer off a ladder or stool.

According to the lawsuit, SunSetter first became aware of the problem in March 2012, when a man reported that his awning sprang open. There were 14 similar incidents over the next few years, including several injuries and one death.

Even so, SunSetter failed to notify safety officials until October 2017. One month earlier, SunSetter learned of the tragic death of a 73-year-old man who was knocked off a ladder and over a balcony when his motorized awning sprang open.

The lawsuit was filed on April 6, 2023 in the U.S. District Court for the District of Massachusetts — United States of America v. SunSetter Products LPCase Number 1:23-cv-10744.

Overview

An awning is a type of overhanging canopy that provides shade and protection from rain, wind, or sun. They can be stationary or retractable, with motorized and hand-cranked versions.

What is the Risk?

Awnings can pose some serious safety hazards. They can collapse suddenly and injure people underneath. In recent years, recalls have been issued for motorized awnings due to electrical shock hazards, or because the awning can open suddenly and hit a person.

Costco SunSetter Awnings Recalled After 1 Death

In August 2019, Sunsetter recalled the covers on its motorized awnings after a 73-year-old man died when he fell off a ladder after the awning opened unexpectedly and hit him.

SunSetter motorized awnings were sold at Costco Wholesale stores and other retailers between June 1999 and January 2019. The recall affects roughly 270,000 units that were sold the United States.

If the motorized awning is turned “on” when the cover is still secured with the bungee tie-downs, when the bungee tie-downs are removed, the awning can swing open with enough force to injure a person.

SunSetter has received 14 reports of incidents, including 6 people who were injured and 1 death.

The company is offering free breakaway safety clips to replace the bungee tie-downs provided with the cover. The recall involves the following models:

  • SunSetter Motorized
  • Motorized XL
  • Motorized PRO
  • Motorized PROXL
  • Oasis Freestanding Motorized Retractable Awnings

Motorized Awning Recalled for Electrical Shock Hazard

In November 2010, Somfy Systems recalled approximately 4,600 motorized awnings due to an electrical shock hazard.

The problem is that the awning motor’s power cable can be severed while the awning is opened or closed manually, posing a risk of electrical shock to the user, according to the recall notice.

The recalled awnings were sold nationwide from December 2009 through September 2010. The manufacturer warns that consumers should immediately stop using recalled awning motors and the crank.

Do I have a Defective Awning Lawsuit?

The Schmidt Firm, PLLC is currently accepting awning induced injury cases in all 50 states. If you or somebody you know has been injured or died after using a defective awning, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Product Liability Litigation Group or call toll free 24 hours a day at (866) 920-0753.

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