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June 1, 2005
Death, Blame, and Product Liability
Was it the manufacturer's fault?
"Founded in 1947, Midwest Folding Products designed and produced high quality folding tables that incorporated plywood core tops, heavy gauge steel tubing and a unique, spring actuated leg brace mechanism. Management believed then, as it does today, that delivering products designed to endure the riggers (sic) of constant use and rough handling would create a loyal customer following."
The description sounds innocuous enough. Standard PR fare, it could even be the start of an interesting, lightweight story about a successful manufacturing company in the heartland of America. Lord knows we need some success stories.
There's a little problem at Midwest Folding Products, however. A table that they manufactured killed 6 year-old Jarod Bennett in 2003. According to information on a website created and maintained by Jarod's father, " an upright 290 pound cafeteria table had fallen like a tree, hitting Jarod in the head with over 8 tons of force as he played nearby."
A piece on tonight's CNN show, Anderson Cooper 360°, revisited the child's death and "Jarod's Law," legislation that " would enlist the Ohio Department of Health (ODH), health districts throughout the state, and the Auditor of State to make sure that deadly dangers are identified and removed through an annual inspection process."
What could possibly be wrong with protecting children in schools? Not a thing when taken from the perspective that part of an educator's job is to do their best to ensure the safety of students in their care. Whoops, not so fast. According to Jarod's father
"Administrators and teachers within our education system are professionals focused on the important job of defining curriculum, teaching our children, and managing the education and administration processes associated within the school system. Therefore to add an additional job function such as "Safety Expert" to their primary job is unrealistic."
It is? One would think that a 290-pound table precariously placed anywhere in the vicinity of children might not only be a safety hazard, but one that is readily identifiable by any reasonable adult.
The U.S. Consumer Product Safety Commission "has received reports of several deaths and injuries to children in schools when these tables tipped over while being moved in their folded positions." In Jarod's case, the table wasn't even being moved. It was in the area of childrenand bumped. It was not identified as a threat of any kind, even with warning labels. It was not locked behind closed doors, safely away from the kids. It was not a 'defective' product.
Yet, Jarod's family settled a wrongful death lawsuit with Midwest Folding Products, in the amount of $10 million.
Is it just me? What am I missing? What wrong was committed by the manufacturer?
Jarod Bennett's death was tragic beyond my comprehension. His deathdescribed in heart-wrenching detail on his memorial websitewas very real, very chilling. It was also just as preventable before the $10 million settlement and legislation as it is after.
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