Item Deemed Unsafe if Not Used Properly
Anti-Social Darwinism
26-09-2008, 19:00
These chairs have been recalled because they have a tendency to collapse if the legs aren't properly locked. So? If they're used properly, they are safe.
Does this mean that all cars should be recalled because, if they aren't operated properly, they're unsafe? How about sewing needles, scissors, knives, Hell, just about anything you can think of is unsafe if it's not used properly. You can smother in a pillow, fall off a chair if you're using it as a stepstool (you can fall off the stepstool, too).
Just how far are we going to go before we finally acknowledge that people have to be responsible for their own actions?
http://www.walletpop.com/article/_a/bbdp/agency-recalls-dangerous-jo-ann-chairs/187958
Ashmoria
26-09-2008, 19:05
this is the funny part...
The federal agency has warned consumers to not use the chair until a warning label instructing consumers to lock the legs before use has been obtained from Jo-Ann Fabric and Craft Stores.
as if a freaking warning label is going to make the chair safe to use.
Gift-of-god
26-09-2008, 19:07
Liability issues. If they have the tag, they don't get sued.
I want to say that the issue here, as the article noted, was that they want to recall the chairs until new instructions can be issued that explains the importance and risks involved with not locking the legs in place. Don't get me wrong, I find it ridiculous that people can't be expected to understand these concepts. However, I assume that because of past lawsuits, most products on the market are now issued with some sort of disclaimer - either "use only as directed" or "failure to use this product in any way other than intended..." will result in us not being liable for you being stupid. And this chair company didn't do that, so now they're trying to protect themselves from a lawsuit.
Honestly, though...how much direction do people need to use chairs?
The legs of the chairs in my kitchen give out unexpectedly all the time. Its good for a laugh. How come my chairs have never been recalled?
Oh, right, because they're cheap plastic lawn furniture.
The law is pretty clear on the subject. An item is considered to be designed defectively if:
1) it poses a danger when used as anticipated (note, not as intended, anticipated);
2) the danger is not of the sort inherent to the product (IE knives are sharp, they will always be sharp, there's nothing you can do to make it NOT sharp), and;
3) the danger is of the type that can either be reasonably corrected without undue cost, or warned about without undue cost.
So, it's reasonably anticipated that people will not properly lock the legs, that's not an inherent risk of chairs that they easily give way, and a warning could be easily issued.
Yeah, sounds like a defective product to me.