A Lac-Mégantic furniture company will have to pay a fine of $5.6 million in the United States for waiting too long before reporting that its retractable beds presented a safety defect which notably caused a death.
According to an American government agency, the Quebec company Bestar received “numerous reports”, between 2014 and 2022, indicating that its retractable beds had detached from the wall where they were attached, “but did not immediately inform the CPSC [Consumer Product Safety Commission]”, as required by law.
At the time Bestar reported to the Commission, the company was aware of 35 incidents, around 15 of which resulted in injuries.
A 79-year-old lady also died after a Bestar bed fell on her.
In April 2022, Bestar wall beds were recalled due to “tipover and entrapment hazard”, in the United States and Canada.
Clemency
Initially, Bestar was fined $22.4 million (US$16 million), but the US government will only demand payment of $5.6 million (US$4 million), due to “accuracy , the veracity and completeness of the documents provided by Bestar.
The company also argued that a stiffer fine would result in “significant financial consequences” that could force Bestar to cease operations, the CPSC said.
The agreement between the Lac-Mégantic company and the American authorities also provides that Bestar carries out certain “internal control activities” to ensure compliance with the law in the United States.
So, for three years, the company will have to submit annual reports on its compliance program, audits and other details, the CPSC said.
“Incorrect installations”
“This agreement will allow us to continue our activities without interruption and continue to offer high-quality products that meet the expectations of our customers,” responded Bestar vice-president Marie-Douce Pellerin in response to questions from the Journal.
The company, which maintains that the incidents that occurred were due to “incorrect installation and not to product defects”, also assured that it has worked in recent years to “improve the security of [ses] Murphy beds.”
“Our updated design and safety features reduce the very small likelihood that products will be installed incorrectly and, in any event, we remain confident in the safety of our products,” M wroteme Pellerin.
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