Lawsuit accuses Malden company of not warning about faulty awning covers that killed one, injured several

A recently filed lawsuit accuses Malden-based SunSetter Products of not warning consumers about faulty retractable awning covers that were known to pop open suddenly, killing one person and injuring several others.

The U.S. Attorney’s Office said Thursday that SunSetter waited too long to report the dangerous awning covers, which were prone to unexpectedly swing open with force upon removal of bungee cords. The complaint filed in federal court in Boston alleges that the company, which manufactures motorized, retractable awnings for outdoor use, knowingly failed to alert the Consumer Product Safety Commission (CPSC) of the defect.

The Consumer Product Safety Act requires manufacturers, distributors, and retailers to “immediately” report potentially dangerous defects to the CPSC.

Between March 2012 and September 2017, SunSetter received 14 reports of its motorized awnings springing open, causing injuries and one death. In the fatal incident, the victim was knocked off a ladder and over a balcony as he removed the bungee tie-downs and cover from a retracted awning that had previously been activated. The lawsuit claims that despite knowing about those incidents, SunSetter didn’t report the malfunction to the CPSC until October 2017. 

The lawsuit also claims that the faulty covers were sold or given away as promotional items until being recalled in August 2019. 

“SunSetter knew for years that its product was hazardous, yet failed to tell CPSC as required by federal law,” said Chair Alex Hoehn-Saric of the CPSC. “It took a tragic death and numerous other injuries before they finally took action — which is unacceptable. When a company continues to sell dangerous products — knowing they can cause injuries and death — it must be held accountable.”

Morgan Rousseau

Morgan Rousseau is a freelance writer for Boston.com, where she reports on a variety of local and regional news.

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