Is there Legal Trouble Ahead for Home Depot?

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The Consumer Product Safety Commission (CSPC) just released some incredibly disturbing news. It seems the home repair giant Home Depot has been selling recalled goods. Between the items the company left on its shelves and offered directly to consumers, as well as those given to salvage companies which may have been sold, some 2,300 units were distributed. Unknowing consumers run the risk of being shocked, burned, cut, or worse, depending on the product they purchased. A local personal injury attorney has been contacted with regards to customers actually being physically hurt.

Home Depot Continued to Sell 28 Different Products After Recalls were Issued

The list of recalled products is incredibly extensive, and is not limited to items purchased directly from Home Depot. As is the case with many retailers, the company offers stock that isn’t selling to recyclers and salvagers, which may have also sold these products. Although the CSPC was unclear as to which companies received the recalled items, many of them may have wound up at liquidation stores or sold by third-party vendors. Alarmingly, the supply chain has made a habit out of selling recalled items. So far, the CSPC has identified 28 different recalled products, sold over a three-year span.

  1. CE Tech 1,000 Ft. Riser Cable (Fire Hazard)
  2. Cordelia Two-Lamp Fluorescent Shop Lights (Electrical Arc and Fire Hazard)
  3. Easy Reach by Gorilla Ladders 3-Step Pro Series Step Stools (Fall Hazard)
  4. Fiskars Bypass Lopper Shears (Serious Injury and Laceration Risk)
  5. Genie Garage Door Openers (Fire Hazard)
  6. Harris Products Group and Lincoln Electric Welding Torch Handles (Fire Hazard)
  7. HeathCo Motion-Activated Outdoor Lights (Electrical Shock Hazard)
  8. Homelite Electric Blower Vacuums (Laceration Hazard)
  9. Homelite Electric Blower Vacuums (Fire and Burn Hazards)
  10. Kidde Disposable Plastic Fire Extinguishers (Injury Risk)
  11. Kidde Smoke and Combination Smoke/CO Alarms (Injury Risk)
  12. Legrand Under-Cabinet Power Strips (Electrical Shock Hazard)
  13. Legrand Under-Cabinet Power Strips (Fire Hazard)
  14. LG Electric Ranges (Fire and Burn Hazards)
  15. LG Top-Loading Washing Machines (Property Damage and Injury Risk)
  16. Lithonia Quantum® ELM and ELM2 Two-Light Emergency Lighting Fixtures (Fire and Burn Hazards)
  17. MAT Industries HDX™ and Powermate® Two-Gallon Air Compressors (Shock Hazard)
  18. Mohawk Altitude Gold Shag Rugs (Fire and Burn Hazards)
  19. Nest Protect Smoke + CO Alarms (Injury Risk)
  20. Nourison I-CANDI Collection Polyester Shag Rugs (Fire and Burn Hazards)
  21. Pramac America Powermate Sx 5500 Portable Generators (Fire Hazard)
  22. RSI Glacier Bay® Bathroom Medicine Cabinets (Injury Risk)
  23. Soleil Portable Fan Heaters (Fire Hazard)
  24. SoleusAir Dehumidifiers by Gree Electric Appliances (Fire and Burn Hazards)
  25. Vornado Air Electric Space Heaters (Fire and Burn Hazards)
  26. Waterloo Industries Husky® Securelock Vertical Bike Hooks (Injury Risk)
  27. Westinghouse Lighting Glass Shade Holders (Shock Hazard)
  28. Wing Enterprises Switch-It Stepladder/Stepstools (Fall Risk)

Might Home Depot Have to Pay Millions of Dollars in Fines?

Because of the Consumer Product Safety Improvement Act of 2008 (CPSIA), might Home Depot potentially face millions of dollars in fines? Generally, civil penalties range from $100,000 to $15,000,000, though there’s no telling just how high the total might potentially be in this instance. About a year ago, the grocery chain Meijer was caught up in a similar legal situation. The company sold 1,700 units, split up among 12 products. They ultimately agreed to pay $2 million in penalties. It’s also worth noting that any third-party vendors or liquidation stores that received items and resold them may face similar penalties, as each entity is responsible for verifying items have not been recalled. CPSIA imposes fines regardless of whether the seller is a corporation or an individual, so consumers who purchased the products and resold them may be in hot water, too.

Although some of the individual products may have injuries reported with them, at this time nobody is reporting any injuries directly linked with items sold at Home Depot after they were recalled. Even still, these things take time to unfold, and it wouldn’t be surprising at all to see several personal injury cases emerge as a result. Companies that received the goods from Home Depot may also seek damages from the company in court. Certain products, like the smoke and carbon monoxide alarms, have the potential to be silently deadly, so consumers who have any of the products listed here should stop using them immediately. As each product was involved in a separate previous recall individual instructions are provided on a per-item basis on the CSPC website.

March 24, 2016 · Tim Kevan · Comments Closed
Posted in: Uncategorized