Check those free standing stoves

Originally Posted By: gbeaumont
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I thought you all might like to read this:


"Settlement for oven-tipping accident totals $2.1 million

By CORINA CURRY? Rockford Register Star

ROCKFORD ? A $425,000 settlement announced Monday brings the total amount that a Rockford girl will receive for injuries sustained in a 1997 oven-tipping accident to just over $2.1 million.

Attorneys for the Rockford Housing Authority, which managed the Concord Commons apartment where the accident took place, and the child?s legal defense team agreed to settle the case late Sunday night. Jury selection was set to begin Monday morning.

The settlement ends a four-year battle in which four entities agreed or were ordered to pay damages to the child and her family. In February, Delaware-based stove manufacturer White Consolidated Industries agreed to pay $675,000. The American Gas Association also was ordered to pay $25,000. Earlier this month, Rockford Housing Development Corp., the group that owns the Concord Commons housing project, agreed to pay $1 million.

Unique Russey was 2 years old when she opened the oven door in her mother?s Concord Commons apartment kitchen and climbed onto it. The range tipped over, spilling hot chicken grease onto Russey and causing second and third-degree burns. Now 9, Russey has potentially permanent injuries and scarring.

In 2000, attorneys for Russey and her mother, Thalassa Shipp, sued the manufacturing company and housing organizations. They argued that all of the parties created an unsafe environment and that anti-tip brackets that came with the oven should have been installed but were not.

?Ultimately, I think it was that pressure of knowing that we were going to go forward that resulted in the settlement,? said Larry Morrissey, one of Shipp?s attorneys.

?We are pleased that this case has come to an end, and we hope that no child and no family will ever have to go through this type of needless tragedy again,? Shipp said in a written statement.

?We?re glad it?s come to a satisfactory conclusion,? said RHA Deputy Director Steve Anderson. Anderson said all ovens in RHA property kitchens, including the 216 apartments at Concord Commons, now have some type of security device to prevent tipping."

Do you think that if this had been a private property that had been subject to a home inspection in the recent past that the home inspector would have been named in the action ??

I DO !!

BTW. I have had to answer C to the above question ![icon_redface.gif](upload://f7DX2EWhmUfsDapWaYT3oJHMCj1.gif)
BTW II, thanks to Erby for posting this article in another forum.

Regards

Gerry


--
Gerry Beaumont
NACHI Education Committee
e-mail : education@nachi.org
NACHI phone 484-429-5466

Inspection Depot Education
gbeaumont@inspectiondepot.com

"Education is a journey, not a destination"

Originally Posted By: Mike Parks
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What if this is one of those 400lb 8 yr olds that wants one more Klondike Bar and it is in the back of the top shelf of the freezer?


Am I going to worry that I will be sued when his fat a$% pulls the freezer over and hurts himself?

No.

Mike P.


Originally Posted By: kmcmahon
This post was automatically imported from our archived forum.



When you say “free-standing” are you talking about one that’s not bolted to the floor?(joking) Most I know are just slid in between the countertops. Are we supposed to climb on the counter and look in the back of the stove?


I once put a spatula under a pot of hot liquid boiling on the stove and pulled it down ontop of myself when I was just able to walk. Wonder if Mom should have sued the spatula company?hmmmmmm…wonder what the statute of limitations are on that one? nachi_sarcasm.gif



Wisconsin Home Inspection, ABC Home Inspection LLC


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Originally Posted By: Lew Lewis
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Kevin,


Most homeowners are not aware of the anti-tip bracket. A generic comment could be put in the report that it can't be verified and that the homeowner should check to see if it is installed, etc.

Actually, it's easier to pull out the storage drawer to see it than to look over the back of the stove.


Originally Posted By: dvalley
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Why look for it? Do what a child would most likely do.





Just easily pull or lean on the front of the stove. If it tips, it needs attention and a notation of this safety hazard should be added into your report. Be careful. When you find that the stove does tip, make sure you are not returning the stove back into position on top of the gas line. Pinching this line wouldn't be good.

If the anti-tipping bracket was installed properly, there should be no play in the tipping action at all. The threaded feet of the stove slide right into these brackets and leave no play whatsoever. When the stove needs to be removed, it just slides right out from under these brackets.

This is the anti-tipping bracket you are checking for.



--
David Valley
MAB Member

Massachusetts Certified Home Inspections
http://www.masscertified.com

"Some cause happiness wherever they go; others, whenever they go."

Originally Posted By: dfrend
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Mr. Parks:


I for one fnd it offensive to talk about an injured child who was 2 at the time of the accident like that. I would appreciate you please deleting that post for two reasons. One, it is out of line. If your kid was injured in a terrible accident, would you appreciate somebody who knows nothing about them calling them a "fat a$% "? Grow up.

Second, I would like some of our partners to see some proffessional discussions about this to include with their safety literature on kitchens. Can't do that when somebody who is not even a NACHI member comes on and makes us look like we are unprofessional idiots.

PS. If you would be so kind as to delete it, I will do likewise with my comments.


--
Daniel R Frend
www.nachifoundation.org
The Home Inspector Store
www.homeinspectorstore.com

Originally Posted By: jsavino
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That’s a good safety tip. It never crossed my mind to check. Tried on my oven and with little force I lifted the back of my oven. I will surely make notes on my report as a safety hazard.


Shouldn’t this be brought up to the Consumer Protection and have all manufactures include the brackets ( if they do ) with their ovens? Are they aware of the problem?


I don’t remember seeing a bracket when our new stove was delivered and installed.



John Savino


HomeWorks Inspection Services, LLC


St. James, NY


631.379.4241

Originally Posted By: dfrend
This post was automatically imported from our archived forum.



I have sent the info to my contact with the home safety council and requested the include this on their information.


It is a good safety tip and easy to check.


--
Daniel R Frend
www.nachifoundation.org
The Home Inspector Store
www.homeinspectorstore.com

Originally Posted By: jsavino
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Clothes dryers may come under this heading also. I could see it happening, Moms doing laundry, child stands on dryer door to see what mom is doing.



John Savino


HomeWorks Inspection Services, LLC


St. James, NY


631.379.4241

Originally Posted By: jfarsetta
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Daniel,


I agree with your remarks to Mike Parks. A injury to a child is never funny. Children cannot reason. There is legal precedent which has been set many moons ago determining "the age of reason" in thildren. It is a sliding scale, which increases as a child gets older.

It is likely that the parents of the injured child were unaware of the availability or necessety for such an anti-tip mechanism.

I cant tell you how many drop-in ranges tip forward when I apply downward force onto the oven door. It's scary, and the eyes of the SELLER usually bug out. It is then that they realize what could happen to their own chiold if the condition was not revealed. It also meand that the range was improperly installed, and if they paid for that installation, someone needs to correct the situation.

As to checking things, it is easily performed. Downward pressure and any movement is what I look for. Notification of the danger is key, as well.


--
Joe Farsetta

Illigitimi Non Carborundum
"Dont let the bastards grind you down..."

Originally Posted By: pdacey
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It’s part of our SOP in TX to check for it and mark as in need of repair any range that does not have it.


I find quite often the type that bolts to floor and captures the back foot of the range. I also find quite often that they are not installed correctly. They are too far back and the foot does not completely engage the bracket. You'd be surprised how many new homes do not have it installed.


--
Slainte!

Patrick Dacey
swi@satx.rr.com
TREC # 6636
www.southwestinspections.com

Originally Posted By: hgordon
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99% of ALL inspections I do have missing Anti-Tip brackets.


By the way, I searched the Rockford Register Star for this article...but no luck.

Erby, any chance that you can point us to the article or scan the newspaper if you have it? Not that I don't believe you saw it there, simply gives authority to the "call" when you have documentation not here-say.


--
Harvey Gordon
SE Florida NACHI Chapter - President
hgordon@fl.nachi.org

Originally Posted By: kmcmahon
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In WI, we are not required to check appliances. Limits our liability for just such a lawsuit.



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Originally Posted By: dfrend
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http://www.rrstar.com/localnews/your_community/rockford/20040316-17190.shtml



Daniel R Frend


www.nachifoundation.org


The Home Inspector Store


www.homeinspectorstore.com

Originally Posted By: evandeven
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Here is a new safety device to keep kids from climbing into the oven…PARENTS!


If the oven had an anti-tip bracket, I guess the kid would have just got "cooked" a little bit!


That is the same reply I put over at the IN board when you posted this "sad story".

I agree with Mr. Parks statement and I will add a few of my own.

The inspector or the installer or the manufacturer is a fault when a tragedy like this occurs:
Drowning in swimming pools and bathtubs.
Ovens flipping over.
Testing the spin cycle of those front loading washers.
The above mentioned refrigerator incident.
Falling in a well.
Child fell off of roof because a tree was planted next to the house.
Child crushed by garage door playing the "beat the garage door game".

Those are just a few off the top of my head.
Oh, here is another one, childs head is removed by brother "playing" with a machete or shot by brother "playing" with a loaded gun.

The real culprit in all of the above scenarios is poor parenting. Plain and simple.

What are the lawsuits going to accomplish? On the way to the anniversary of their childs death, the mother will be wearing a pair of $1,200.00 shoes instead of Keds. The lawyer will be on vacation.The costs of ovens and the other items mentioned above will double and so will everyone's insurance.
The child is still dead.
It is time for those responsible for these tragedies be punished..the Parents!


--
Eric Van De Ven
Owner/Inspector
Magnum Inspections Inc.
I get paid to be suspicious when there is nothing to be suspicious about!
www.magnuminspections.com

Originally Posted By: dfrend
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http://www.insideedition.com/investigative/oven-tipping.htm


http://www.michaelholigan.com/Departments/HowTo/HowToPage.asp?ts_id=ath001

http://www.diyonline.com/servlet/GIB_BaseT/diylib_article.html?session.docid=1483



http://www.maytag.ca/caen/cust_serv/pdf_use_care_manual/8113p281-60.pdf

Now, If you will look at this last link, you will note the following quote from the manufacturer:

Quote:
WARNING
? ALL RANGES CAN TIP AND
CAUSE INJURIES TO
PERSONS
? INSTALL ANTI-TIP DEVICE
PACKED WITH RANGE
? FOLLOW ALL INSTALLATION
INSTRUCTIONS
WARNING: To reduce risk of tipping of the appliance
from abnormal usage or by excessive loading of the oven
door, the appliance must be secure by a properly installed
anti-tip device.


Now, if the installer did NOT apply the device given by the manufacturer, and therfore failed to follow manufacturers installation instructions, then damn right they are liable! How many of you have two year olds? You turn your head to get their snack out of the fridge and they have enough time to get into trouble. I agree parents are the reason many accidents happen. But at the same time we cannot condone installers shortcutting on following directions.

Any idea why all those sites and manuals mention the devices? Because people have been seriously injured or killed. And if an installer does not follow the directions and someone gets injured, then they should be sued.


--
Daniel R Frend
www.nachifoundation.org
The Home Inspector Store
www.homeinspectorstore.com

Originally Posted By: jsavino
This post was automatically imported from our archived forum.



If it comes down to a $50.00 increase in price for a stinkin’ bracket then I’ll pay the price. Like Joe F. said, "children don’t reason."Ya parents need to take some blame, even for the kid that blows his brothers head off with a loaded gun. Guns are dangerous and so are tipping ovens. It takes only seconds for the child to get hurt or killed. Why not try to prevent it from happening to our kids and grand-children. I’ll report it as a safety hazard. Thank you very much!!!



John Savino


HomeWorks Inspection Services, LLC


St. James, NY


631.379.4241

Originally Posted By: John Murray
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I’m kind of parted on this subject. I think it’s great to check for safety hazards, especially involving children but, I’m also concerned about the liability of having to exert who knows how much force on an oven door.


First, how much force do you have to exert. 25lbs for a 2 year old or 400lbs for some 13 year olds? I would like to cover my bases on this and exert as much force as I possibly could to limit any liability but, in the meantime I am at great risk of damaging the oven door, the floor upon tilt, pulling out electrical cords that may be non-conveniently positioned, etc. etc… I think if HI’s start testing this for 2 year olds, then the liability could extend to 10-13-17.5 year olds, handicapped people, mentally challenged people etc. It is the manufacturers themselves who should design a breakaway type door that can easily be put back on track upon breaking away! Not only that but,a sensor switch to cut power to the oven with an audible tone should be implemented upon break away! The housing authority has it’s own maintenance staff to install and inspect these ovens. They should have been aware that there is a potential problem and acted upon it. This is why they were held accountable as well!


Originally Posted By: pdacey
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I’m actually surprised that everyone pushes down on the door. I put my toe at the front of the stove so it won’t slide and I pull on the stove from the top at the back. I think pushing on the door runs the risk of breaking the door or the hinge. Especially on the older models.



Slainte!


Patrick Dacey
swi@satx.rr.com
TREC # 6636
www.southwestinspections.com

Originally Posted By: Vince Santos
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Good point about pushing on the door.


I tried this out after reading this post and I thought the door might break off before the stove would tip.



Desire is half of life, indifference is half of death.


–Kahlil Gibran