On May 21, 2020, Herman Miller and Design Within Reach both issued a recall for their products due to a tip-over and entrapment hazard. The Nelson and Lauki Dressers and Cabinets are included in the recall. According to the recall, number 20-747, the recalled dressers and cabinets are unstable and can possibly tip over if they are not anchored to the wall; the products pose a significant tip-over and entrapment risk that could potentially cause death or injuries to children. The products also fail to comply with the performance requirements set by the U.S. voluntary industry standard. The recall has affected approximately 2,700 products.
The recall includes both Herman Miller Nelson Cabinets and Dressers as well as Design Within Reach Lauki Cabinets and Dressers. The product numbers for each product are located on a label inside an upper drawer.
The Nelson cabinets were wood veneer and were available with 2 doors, or 3, 4, 5, or 8 drawers. The Nelson cabinets were available in santos palisander (brown), ash, oak, and walnut. More information on the recalled Herman Miller Nelson products is listed below:
| Product Name | Product description | Product Number | Retail Price |
|---|---|---|---|
| Nelson Thin Edge Chest Cabinet | 56 x 18.5 x 41 Cabinet, 5-Drawers with 1 right door |
TE3400.E | $7,800 – $16,000 |
| Nelson Thin Edge Chest Cabinet | 56 x 18.5 x 41 Cabinet, 5-Drawers with 1 left door |
TE3400.M | $7,800 – $16,000 |
| Nelson Thin Edge Double Dresser | 67 x 18.5 x 28.75 Cabinet, 8-Drawers |
TE0204 | $6,800 – $14,000 |
| Nelson Thin Edge Buffet | 67 x 18.5 x 28.75 Cabinet, 4-Drawers with 2 right doors |
TE2167.R | $8,000 – $16,000 |
| Nelson Thin Edge Buffet | 67 x 18.5 x 28.75 Cabinet, 4-Drawers with 2 left doors |
TE2167.L | $8,000 – $16,000 |
| Nelson Thin Edge Chest | 34 x 18.5 x 28.75 Cabinet, 4-Drawers |
TE2100.S | $4,800 – $10,000 |
| Nelson Thin Edge Chest | 34 x 18.5 x 28.75 Cabinet, 3-Drawers |
TE2100.T | $4,600 – $9,800 |
| Nelson Thin Edge Cabinet | 34 x 18.5 x 28.75 Cabinet with 2 doors |
TE2134 | $3,800 – $9,000 |
| Nelson Basic Cabinet Series 34 x 40 | 40 x 18.5 x 39.5 Cabinet, 5-Drawers with door |
BC3440.L | $2,815 |
| Nelson Basic Cabinet Series 34 x 40 | 40 x 18.5 x 39.5 Cabinet, 2-Drawers over 2 doors |
BC3440.M | $2,600 |
The Lauki dressers were also available in wood veneer as well as in lacquered MDF; they were available in oak walnut, graphite, glacier grey, and white with either 3 or 6 drawers. More information on the recalled Design Within Reach Lauki products is listed below:
| Product Name | Product Description | Product Number |
|---|---|---|
| Lauki 32” | Three Drawer Dresser Glacier Grey | 100144158 |
| Lauki 32” | Three Drawer Dresser – Graphite | 100144157 |
| Lauki 32” | Three Drawer Dresser – White | 100144156 |
| Lauki 47” | Wide Dresser – White | 10006123 |
| Lauki 47” | Six Drawer Dresser – Glacier Grey | 100144127 |
| Lauki 47” | Six Drawer Dresser – 47″ – Graphite | 10008841 |
| Lauki 47” | Six Drawer Dresser – Oak (DISC) | 10001064 |
| Lauki 47” | Six Drawer Dresser – Walnut (DISC) | 10008840 |
| Lauki 60” | Six Drawer Dresser – Glacier Grey | 100144161 |
| Lauki 60” | Six Drawer Dresser – Graphite | 100144160 |
| Lauki 60” | Six Drawer Dresser – White | 100144159 |
The defective Nelson units were sold at the Herman Miller NY store as well as the Design Within Reach stores nationwide; they were also available online via dwr.com and hermanmiller.com as well as through wholesale dealers. The defective Lauki units were sold online at dwr.com and in-store nationwide at Design Within Reach stores. The defective Nelson and Lauki products were available from September 2010 through January 2020; they were sold for prices ranging from $2,600 to $16,000.
According to the recall, Herman Miller has received only one report of a tip-over incident with no injuries or property damage; no other incidents have been reported associated with the defective product.
Consumers affected by the recall are being urged to stop using the recalled products if they are not properly attached/anchored to the wall; consumers should also place the defective product in a place without access to children. Additionally, consumers should contact Herman Miller for a free refund and a free pick-up of the chest. Herman Miller is directly contacting all known purchasers.
Should you follow the recommendations made by the company if your child suffered harm due to the defective product? If your child suffered harm associated with the defective dressers and cabinets, do not follow the suggestions made by the company – instead, you should explore the legal options available to you. Based on the details surrounding the incident, you might have grounds to file a claim – specifically, you might have grounds to file a product liability claim.
If you would like to learn more about the possibility of filing a product liability claim after your child suffered harm associated with a defective product, do not hesitate to seek legal assistance with the experts at our law firm immediately. The lawyers at Normandie Law Firm are ready to evaluate your claim and help you hold the negligent company accountable for the harm suffered.
At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims – including product liability claims. When you allow the experts at our firm to handle your claim, you can be certain that there will always be someone representing your best interests. If you would like the product liability lawyers at our firm to evaluate your current situation and provide you with the guidance necessary to reach a successful claim outcome, do not hesitate to contact our firm immediately.
The Dangers Associated with Tip-Over and Entrapment Hazards
Tip-over and entrapment risks are among the most severe risks to young children. Young children can easily climb dressers and cabinets. When young children climb the front of these products, the added weight of the child can cause the dressers and cabinets to tip over (given that they are not properly anchored to a wall). The defective dressers and cabinets can tip-over, falling onto children, and entrapping them. Without a doubt, children could suffer a number of injuries, such as crushing injuries, broken bones, neck injuries, back injuries, spinal cord injuries, and traumatic brain injuries, for example.
However, perhaps the most dangerous injury is the potential suffocation associated with the entrapment. When the dresser or cabinet falls onto the young child, the weight of the dresser or cabinet can cause suffocation, which could result in the lack of oxygen. It could also result in loss of consciousness, brain damage, and even death.
Whether your child suffered injuries or lost his or her life due to the incident surrounding the defective product, it is important that you remain aware of your rights as a consumer. Based on the details surrounding the incident, you might have grounds to file a personal injury claim.
Product Liability and You Right to Pursue a Claim
Do you have the right to sue if your child suffered injuries or lost his or her life due to the defective dressers or cabinets recently recalled? Based on the details surrounding the incident and the harm that your child suffered, you might have grounds to file a product liability claim. To understand your right to file a claim after suffering harm due to a defective product, you must understand the concept of product liability.
Based on product liability, all companies owe their consumers a duty of care – companies have the duty to ensure that all their products are completely safe for their consumers to use. They must thoroughly inspect and test their products to be able to identify and address any hazards/defects present in their products. If they fail to ensure that their products are completely safe for use, they are breaching their duty of care towards consumers. This means that they are also putting their consumers at risk of suffering harm.
When a consumer suffers harm as a direct result of the defective product, the company could be held liable for all the harm suffered – this is because the consumer would have never suffered harm if the company would have ensured that the product was safe for use. If you would like to learn more about your right to pursue a claim based on the concept of product liability, do not hesitate to seek legal assistance with the experts at our firm at your earliest convenience.
Could You Recover Compensation?
Based on the details surrounding your product liability claim (including whether it reaches a successful outcome), you might be eligible to recover monetary compensation for the harm caused by the defective product. Although every claim is different, you might be eligible to receive compensation for some of the following:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Loss of consortium
- Funeral and burial costs
- Punitive damages
To ensure that you have a thorough understanding of the type and amount of compensation that you could be eligible to receive if you reach a successful claim outcome, do not hesitate to seek legal assistance with the experts at our law firm as soon as possible. When you allow the defective product attorneys at our firm to handle your claim, you can trust that our lawyers will aggressively fight for your right to recover the highest amount of compensation available. We understand that recovering compensation will never reverse the harm that your child suffered; however, we know that compensation can help you and your family move forward from such a traumatic time.
If you would like to discuss the potential value of your claim with the experts at our firm, do not hesitate to contact our experts immediately.
Taking Legal Action Within the Appropriate Length of Time
Did you know that you could lose the right to file a product liability claim if you fail to take legal action within the appropriate length of time? All claims are subject to a statute of limitations – which determines the specific length of time that claimants have to pursue their claims. When claimants fail to take legal action within the appropriate length of time, they could lose their right to sue.
How long do you have to pursue your product liability claim? In California, product liability claims are typically subject to a two-year statute of limitations. This means that claimants only have two years to file their claims. However, some exceptions to the statute of limitations could apply (based on the details surrounding the claim). If any exceptions apply, the statute of limitations could be tolled or paused for some time. Exceptions could apply to cases that include children, for instance. That is, the applicable statute of limitations could be tolled until the child reaches a legal adult age (if the child survives); in other words, the statute of limitations will not start running until the victim is a legal adult (usually eighteen-years-old).
To ensure that you have a thorough understanding of the time that you have to pursue your claim, do not hesitate to seek legal assistance with the experts at our firm immediately. Our defective product attorneys are ready to provide you with all the information that you need to file your claim on time.
What Should You Do?
If your child was harmed by a defective product, you should consider following the recommendations listed below:
- Seek medical care immediately
- Take photos of all injuries suffered
- Take photos of the scene of the accident
- Take photos of the defective product
- Move the defective product to a safe place, out of the reach of children
- Do not tamper with the defective product in any way (leave it as is)
- Contact the company to report the incident and the defective product
- Do not agree to a refund, a free repair, or a free replacement
- Do not agree to return the defective product to the company
- Gather any surveillance footage that captured the accident
- Gather all medical records
- Gather all purchase records
- Seek legal assistance from a product liability law firm immediately
Contact Normandie Law Firm Today
Are you in need of legal assistance? Did your child suffer injuries or lose his or her life as a direct result of a defective product? If so, you can trust the experts at our firm to provide you with the guidance that you need to hold the liable company accountable for the harm suffered. At Normandie Law Firm, our lawyers are dedicated to evaluating your current situation and providing you with the guidance necessary to reach a successful claim outcome. If you would like to discuss your claim with the experts at our firm, do not hesitate to contact us at your earliest convenience.
At our firm, we offer free legal services, which include both free consultations and free second opinions. During these free legal services, our lawyers will be available to answer all your questions, address all your concerns, and provide you with all the information that you need to either start or continue your claim. If you would like to benefit from our free legal services, do not hesitate to contact our firm today.
To make our legal services as accessible as possible to you and other affected consumers, our firm offers a Zero-Fee guarantee, which ensures that our clients will never be required to pay any upfront legal fees for any of our legal services. Because our firm is also strictly based on contingency, our clients will not have to pay anything until after they win their claims.
If you would like to discuss the possibility of pursuing a product liability claim against Herman Miller and Design Within Reach for the harm that your child suffered, do not hesitate to contact the experts at our firm immediately.
