OfficeMax Task Chairs Recalled

Chrissie Cole — Tue, 01 Sep 2009 13:14:00 GMT

Office Max, in cooperation with the CPSC, announced a voluntary recall of more than 216,000 Office Max Task Chairs because the back and base post can break while in use, posing a fall hazard.

35 reports of the chair backs and/or posts breaking have been reported to the company, including 15 reports of injuries ranging from cuts and bruises to concussions and muscle strains.

Office Max Task Chairs with Model No. OM182 and OM96614 are involved in the recall. The model number is located under the seat of the chair.

The chairs were sold nationwide on the company’s Web site and through catalogs.

The chairs should be returned to any OfficeMax Store as soon as possible for a full refund or gift card if the consumer does not have a receipt of purchase.

Consumer Information: Contact OfficeMax at (800) 283-7674 anytime, or visit www.officemax.com.

Originally posted at InjuryBoard by Chrissie Cole

Product Liabilty - No Duty To Warn For Sophisticated Users

Scott Barber — Mon, 07 Apr 2008 15:57:58 GMT

Product Liability: The California Supreme Court recently handed down its opinion in Johnson v. American Standard, Inc. (S139184) affirming that the "sophisticated user" doctrine is a valid defense in California. Federal court have long held that there is no duty to warn a sophisticated user of a product's potential for harm.

Generally, in California a manufacturer has a duty to warn users of its products about the potential risks or harm. In Johnson, the Defendant argued that it did not need to warn the Plaintiff, a heating and air-conditioning technician of the risks of using R-22, a gas used in air conditioners. The Defendant argued that since Mr. Johnson was a sophisticated user, i.e. he was well-aware, due to his training and experience, of the risks associated with R-22, that they had no duty to provide him with any warnings.

The trial court granted Defendant's motion for summary judgment and the Court of Appeal affirmed, holding that the sophisticated user doctrine does apply in California. The Supreme Court affirmed and the "sophisticated user" doctrine is now part of California law.

Originally posted at InjuryBoard by Scott Barber

San Diego County Personal Injury Lawyer - Defective & Dangerous Products

OfficeMax Task Chairs Recalled

Product Liabilty - No Duty To Warn For Sophisticated Users