What's the Problem?
SunSetter issued the recall for about 270,000 vinyl covers for its motorized awnings in the U.S., in addition to about 11,000 units in Canada, amid reports of the awnings coming open unexpectedly with enough force to cause serious injuries and even death, according to the U.S. Consumer Products Safety Commission (CPSC).
"If a powered awning is activated while the cover is secured with bungee tie-downs, when the cover is removed, the awning can open unexpectedly with enough force to strike a consumer standing in the awning’s path, causing them to fall and suffer death or serious injury," CPSC said in a recall notice dated August 19, 2019.
CPSC said it was aware of at least 14 incidents associated with SunSetter Awnings, including 6 injuries and 1 death, which occurred in a 73-year-old man who died after falling off a balcony when a motorized awning struck him while he was removing the cover's bungee tie-downs.
The recall includes all soft vinyl awning covers used with SunSetter Motorized, Motorized XL, Motorized PRO, Motorized PROXL, and Oasis Freestanding Motorized Retractable Awnings, CPSC said. Affected products were distributed as part of a package directly by SunSetter, via independent dealers, and thru Costco Wholesale from June 1999 to January 2019.
Somfy Awning Recall
November 19, 2010 - Somfy Systems Inc. recalled about 4,600 Sunea CMO RTS motors used to operate retractable awnings amid concerns 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 CPSC. The recalled awning motor heads (model numbers 525A2, 535A2, 550R2) were silver and black-colored, and sold at major awning retailers nationwide from December 2009 to September 2010.
Can I File a Class Action?
Although Schmidt & Clark, LLP, is a nationally recognized class action firm, we have decided against this type of litigation when it comes to awning recall lawsuits. Our lawyers feel that if there is a successful resolution to these cases, individual suits, not class actions will be the best way to get maximum payouts to our clients. If you’ve been injured by defective awnings, we know you’ve suffered emotionally and economically, and want to work with you personally to obtain the maximum compensation for the damages caused by your injuries. Contact us today to learn more about your legal rights.
Do I Have an Awnings Recall Lawsuit?
The Product Liability Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in awnings recall lawsuits. We are handling individual litigation nationwide and currently accepting new injury and death cases in all 50 states.
Again, if you were harmed by a defective awning, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.