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Stork Craft Facing Wave of Lawsuits

Crib recall exposes flaws in Canadian consumer protection laws

By Jon Hood
ConsumerAffairs.com

November 27, 2009

Stork Craft Manufacturing, a leading manufacturer of children's products, recalled over two million cribs because of a design defect that can cause strangulation of infants.

Over 1.2 Stork Craft- and Fisher Price-branded cribs were recalled in the U.S., and an additional million were targeted in Canada. The manufacturer has advised consumers to wait for a free repair kit before using the crib again, and to find a safe sleeping environment for their children in the meantime.

Stork Craft, headquartered in Richmond, B.C., is now named in class actions in at least six provinces, many of which question the manufacturer's response to the recall. Tony Merchant of the Merchant Law Group is behind many of the lawsuits. He told The Canadian Press that consumers don't want the free repair kit; they want their money back, and the crib out of their house.

“I haven't talked to a single solitary person who is prepared to go on using this crib, whether they tinker with it or make repairs or not,” Merchant said. “People say, I am not going to gamble on killing or injuring my child.”

Merchant has signed up around 1,000 Canadian consumers so far, and expects more to join in the near future. He is also consulting with an American law firm about the possibility of joining U.S. consumers. Regardless of whether that effort is successful, there is little doubt that the recall will be the subject of vigorous litigation in the U.S.

Flaws found

Meanwhile, the incident has highlighted deep flaws in Canada's consumer-protection laws.

A top official for Health Canada, the government agency in charge of public health, told the Canadian Senate that mandatory reporting of serious incidents would have gone a long way toward preventing or at least severely curbing the incidents. The House of Commons has unanimously endorsed a proposed law that would make such reporting mandatory.

Paul Glover, the Health Canada official, also pointed out that the most his agency can currently do is urge companies to recall products voluntarily. The proposed legislation would give Health Canada the authority to institute mandatory recalls.

More disturbingly, Canadian news sources have reported that Health Canada received the first complaints of defective Stork Craft cribs 14 years ago, but didn't become fully aware of the situation until the U.S. Consumer Product Safety Commission (CPSC) alerted them in August to complaints from American consumers. The two agencies then began working in tandem to assess the gravity and scope of the defect.

The recall covers Stork Craft drop-side cribs and Stork Craft drop-side cribs with the Fisher-Price logo. Cribs without a plastic trigger or one-hand drop-side hardware are not implicated. CPSC, Health Canada, and Stork Craft know of at least 110 incidents where the cribs' drop-side detached, 67 in the U.S. and 43 in Canada. At least four deaths, all of them in the U.S., have occurred as a result of the defect.

Consumes with questions or in need of information, or who want to order the free repair kit, can contact Stork Craft toll-free anytime at (877) 274-0277 or at www.storkcraft.com.

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