A well-known, Malden-based company known for its retractable awnings has been accused of delaying reporting of a dangerous defect involving protective vinyl covers.
The U.S. Attorney's Office for the District of Massachusetts, the Department of Justice and the Consumer Product Safety Commission announced on Thursday a complaint has been filed against SunSetter Products.
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The complaint was filed in federal court in Boston. It alleged that SunSetter "knowingly failed to immediately report" that when bungee tie-downs securing its protective awning covers were removed, the awnings could spring open.
SunSetter received 14 reports of its awnings springing open between 2012 and 2017, resulting in several injuries and a death, the complaint alleged. SunSetter has been accused of not reporting the problems to the CPSC until October of 2017.
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The protective covers were sold separately and also given away as a promotional item between June 1999 and January 2019, before being recalled in August of 2019, according to the complaint.
“Prompt reporting of potentially dangerous defects or problems with products is vital to impactful and immediate consumer protection. CPSC cannot do its job without strict compliance by industry. The defect in this matter, as alleged, can cause serious injury up to and including death,” said United States Attorney Rachael S. Rollins in a news release. “Manufacturers must be held accountable for failing to comply with this important obligation which jeopardizes the safety of consumers.”
It wasn't immediately clear if SunSetter had a legal team that could respond to these allegations.
