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Table Of Contents
- Sunsetter Awnings Lawsuit Overview
- Latest Sunsetter Awnings Lawsuit Updates
- FDA Reports and Statistics
- Sunsetter Awnings Injuries & Side Effects
- Do You Qualify for a Sunsetter Awnings Lawsuit?
- Sunsetter Awnings Recall Information
- Keep Yourself Safe if You Have a SunSetter Awning
- Statute of Limitations for Sunsetter Awnings Lawsuits
- FAQs
- 1. How do I know if my SunSetter awning is part of the recall?
- 2. What should I do if I own a recalled Sunsetter awning?
- 3. Is there any compensation for injuries caused by the recalled SunSetter awnings?
- 4. How long will it take to receive a repair kit or replacement for the recalled awning?
- 5. Can I file a class action lawsuit over defective SunSetter awnings?
- 6. How can I prove my injuries were caused by a defective Sunsetter awning?
- 7. Has anyone died from injuries related to Sunsetter awnings?
- Get a Free Sunsetter Awnings Lawsuit Evaluation With Our Lawyers
Sunsetter Awnings Lawsuit Overview
The Sunsetter Awnings lawsuits focus on serious safety defects in motorized awnings that can open unexpectedly with substantial force, causing severe injuries and even death.
The primary allegations center on the manufacturer’s failure to provide adequate safety mechanisms and warnings for their products.
According to the U.S. Consumer Products Safety Commission (CPSC), there have been at least 14 incidents, 6 injuries, and 1 death associated with the recalled Sunsetter Awnings.
These cases represent significant product liability concerns where consumers were harmed by awnings that posed unexpected impact and fall hazards.
Latest Sunsetter Awnings Lawsuit Updates
- August 19, 2019: Sunsetter recalled approximately 270,000 vinyl covers for motorized awnings in the U.S. and 11,000 in Canada due to impact and fall hazards [1]. The recall was prompted by reports of awnings opening unexpectedly while owners were removing bungee tie-downs, resulting in multiple injuries and one death.
- November 19, 2010: Somfy Systems Inc. recalled about 4,600 Sunea CMO RTS motors used to operate retractable awnings. The recall was issued because the awning motor’s power cable could be severed while manually operating the awning, creating an electrical shock hazard for users.
FDA Reports and Statistics
While the FDA does not oversee outdoor product safety, the U.S. Consumer Product Safety Commission (CPSC) has reported significant concerns regarding motorized awnings:
- Approximately 270,000 Sunsetter vinyl covers for motorized awnings were recalled in the United States.
- An additional 11,000 units were recalled in Canada.
- CPSC has documented at least 14 incidents associated with the recalled Sunsetter Awnings.
- 6 injuries have been directly attributed to the defective products.
- 1 death has occurred – a 73-year-old man who fell from a balcony after being struck by an unexpectedly opening awning.
- In a separate recall, 4,600 Somfy Systems awning motors were recalled due to electrical shock hazards.
Sunsetter Awnings Injuries & Side Effects
The defective Sunsetter Awnings can cause serious injuries when they deploy unexpectedly while owners are removing the vinyl covers and bungee tie-downs.
- Impact Injuries: Unexpected opening of the awning can strike a person with substantial force, causing blunt force trauma.
- Fall Hazards: Being struck by the rapidly opening awning can cause users to fall, particularly dangerous when working from ladders or balconies.
- Traumatic Brain Injuries: Falls caused by the unexpected opening of awnings can result in serious head injuries.
- Fatal Injuries: At least one death has occurred when a victim fell from a balcony after being struck by an opening awning.
Do You Qualify for a Sunsetter Awnings Lawsuit?
You may qualify for a Sunsetter Awnings lawsuit if:
- You purchased a Sunsetter Motorized, Sunsetter Motorized XL, Motorized XL PRO, Motorized PROXL, or Oasis Freestanding Motorized Retractable Awning with a soft vinyl cover between June 1999 and January 2019.
- You or a family member suffered injuries while removing the cover with bungee tie-downs from your motorized awning.
- The injury occurred when the awning opened unexpectedly while removing the cover.
- You required medical treatment for injuries sustained from the defective product.
- You can provide documentation of your purchase and ownership of the recalled awning.
Evidence Required for a Sunsetter Awnings Lawsuit
To strengthen your Sunsetter Awnings lawsuit, you should gather the following evidence:
- Proof of purchase of the affected awning (receipts, credit card statements)
- Documentation showing the model of your Sunsetter Awning
- Medical records documenting injuries sustained in the incident
- Photographs of the scene where the injury occurred (if available)
- Any communications with Sunsetter or the retailer regarding the product
Damages You Can Recover
A successful Sunsetter Awnings lawsuit may provide compensation for:
- Medical expenses for treatment of injuries
- Lost wages due to time off work for recovery
- Pain and suffering caused by the incident
- Wrongful death damages for families who lost loved ones
- Punitive damages if gross negligence by the manufacturer is proven
Sunsetter Awnings Recall Information
The recall affecting Sunsetter Awnings includes:
- Recall Date: August 19, 2019
- Products Affected:
- Soft vinyl awning covers used with SunSetter Motorized awnings
- Sunsetter Motorized XL awnings
- Motorized XL PRO awnings
- Motorized PROXL awnings
- Oasis Freestanding Motorized Retractable Awnings
- Distribution Period: June 1999 through January 2019
- Distributors: SunSetter, independent dealers, and Costco Wholesale
- Remedy: Free breakaway safety clips to replace the bungee tie-downs
“If a powered awning is activated while the cover is secured with bungee tie-downs, when the cover is removed, the retractable awnings 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.
Keep Yourself Safe if You Have a SunSetter Awning
Consumers are asked not to install (or attempt to install) the covers for the motorized awnings, or remove the covers until they receive instructions from SunSetter.
Owners are asked to contact SunSetter for a set of free breakaway clips that replace the bungee tie-downs that have prompted the awning to break away and strike a person.
Statute of Limitations for Sunsetter Awnings Lawsuits
The statute of limitations for filing a Sunsetter Awnings lawsuit varies by state, typically ranging from 1-4 years from the date of injury or when you discovered the connection between your injury and the defective product.
Don’t delay in seeking legal advice, as waiting too long could permanently bar your right to compensation.
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FAQs
Get a Free Sunsetter Awnings Lawsuit Evaluation With Our Lawyers
Time is limited to pursue legal action for injuries caused by defective Sunsetter Awnings. Most states only allow 1-4 years from the date of injury to file a claim. Don’t risk losing your right to compensation by waiting too long.
At Schmidt & Clark, we offer:
- Free, confidential consultations to evaluate your case
- No upfront costs or fees to begin your case
- Payment only if we win your case
Contact our experienced legal team today to protect your rights and pursue the compensation you deserve.
References
1. https://www.cpsc.gov/Recalls/2019/SunSetter-Recalls-Vinyl-Covers-for-Motorized-Awnings-Due-to-Impact-and-Fall-Hazards-One-Death-Reported-Recall-Alert