Products Liability Law Reporter
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Failure to provide cord cleats for custom window blinds
August/September 2022Elsie Mahe, 3, was playing in her home when she became entangled in the tilt cord from a set of custom-made window blinds manufactured by Century Blinds. Mahe suffered a strangulation injury and died a few days later. She is survived by her parents.
Mahe’s parents, individually and on her behalf, sued Century Blinds, alleging that the defendant had manufactured corded blinds across the country for several years without placing a “no additional cost” tilt wand on the blinds instead of a tilt cord, which posed a strangulation hazard to children. Additionally, suit alleged that the defendant had failed to train its sales representative, who was a college student, about the strangulation hazard posed by blind cords and of the availability of safety devices, such as tilt wands and cord cleats, or safety measures, such as avoiding placement of furniture in front of blind cords.
The plaintiffs also asserted that their blinds came with a 1985 warning label that was not visible to users and was not compliant with the ANSI/WCMA 100.1-2007 standard for window coverings.
The jury awarded $25 million, finding that the plaintiffs were entitled to punitive damages.
Citation: Mahe v. Century Blinds, Inc., No. 180901362 (Utah Dist. Ct. Salt Lake Cty. Sept. 22, 2021).
Plaintiff counsel: James Corrigan and James O’Leary, both of St. Louis; and AAJ members Alan Mortensen, Lance Milne, Paul Simmons, and Christopher Cheney, all of Salt Lake City.