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A First: Canadian Consumer Gets Restitution for Martha Stewart Table

But In the U.S., Martha and Kmart Keep Their Purse Zipped Shut

By Joseph S. Enoch
ConsumerAffairs.com

December 22, 2006

Martha Stewart • Consumers Left to Sweep Up as Martha Stewart Tables Shatter • Kmart Still Selling Shatter-Prone Martha Stewart Tables • Manufacturer of Martha Stewart Tables Declares Bankruptcy • A First: Consumer Gets Restitution for Martha Stewart Table • Sounds of Summer: Martha Stewart Tables Shattering • Sears Not Amused by Martha's Deal with Macy's • Martha Does Macy's • Martha Stewart to Begin Hawking Buicks • Suit Charges Martha Stewart Knew of Shattering Glass Patio Tabletops • Martha Stewart Table Tops Shatter, Consumers Complain --- • Consumer Complaints

A Canadian consumer is doing something no known American has done -- getting restitution after his Martha Stewart patio table exploded and covered his guests with glass.

Ron Stacey said his $495 Martha Stewart Living patio table purchased from Sears shattered in mid-July while he was hosting a baby shower. Although only one person received minor injuries, the rest were shaken.

After The Hamilton Spectator, in Hamilton, Ontario featured his dramatic story, the distributor, Numark Industries of Canada, sent Stacey restitution in the form of $2,500.

"I'm pleased that the retailer and manufacturer have responded to the patio table issue," Stacey told The Spectator.

Sears Canada issued a statement feigning ignorance of any other tables shattering. Kmart, which distributes the tables in the United States, has remained mum.

However, thousands of complaints have circulated and it would be surprising if Canadian glass tops were somehow sturdier than those sold in the U.S. But at least Sears Canada has fessed up to at least one incident, which is more than Kmart or Martha Stewart can claim.

Despite the complete failure of the tables' manufacturers, distributors and retailers to take any responsibility or lift even one finger to help consumers deal with the problem, the nature of the problem is becoming clear.

According to GlassResource.com, tempered glass contains more than 50 chemicals. If there are too many nickel-rich contaminants such as steel, even at microscopic levels, in the glass, they can combine with sulfur to create nickel sulfide inclusions.

"When glass is heat-treated, the nickel sulfide inclusions are modified into a form that grows or transforms with time and temperature," according to the website. "Once glass is installed and the nickel sulfide inclusions are solar heated, small cracks may develop from the inclusion. If these cracks penetrate the tension layer of fully tempered glass, the resulting release of energy will cause the glass to spontaneously break."

The hundreds of complaints in the ConsumerAffairs.com database support that theory. Most, although not all, of the tables were outside or in sun rooms when they came apart.

Over the past four years, ConsumerAffairs.com has received 450 complaints about the patio tables. Of those 450 complaints, 108 have been received during the seven months of October through April, when most people store their tables inside and most importantly, out of the sun. Also, of those 108 winter complaints, 62 were filed in temperate, southern and western states such as Florida and California.

The tables are manufactured by JRA Furniture in Cerritos, Calif. JRA makes the tables for a number of companies but Martha Stewart, who sells her JRA-branded tables at Kmart, appears to be their top client.

Unfortunately although Stacey got $2,500, most other consumers won't be so lucky. There doesn't appear to be any restitution coming any time soon.

Kmart, Martha Stewart OmniMedia, and JRA Furniture have all refused to comment on the issue ever since ConsumerAffairs.com began reporting it.

There is a class action lawsuit pending in Illinois, but according to lead attorney Richard Doherty, there will not be a final verdict until "late next year barring any further setbacks."

Doherty believes the defendants know these tables are dangerous, but continue to sell them to unknowing customers.

"If it's manufactured and designed properly, it shouldn't spontaneously shatter and explode," Doherty said. "No one would buy it if I said, 'By the way, these might blow up.'"

What To Do

Simplest remedy? Consumers should avoid buying glass patio tables from JRA which sells the defective products at The Home Depot, Safeway, Target, Kmart and Sam's Club.

Consumers are also urged to avoid buying tables that have glass tops because of the potential hazards that can occur without a chemical reaction.

ConsumerAffairs.com president James R. Hood said consumers should be aware of the dangers of glass-top tables and avoid them, especially if they have small children in their family.

"Talk to any E.R. physician and they will tell you of the hours they've spent plucking bits of glass out of infants' faces, hands and, worst of all, eyes," Hood said. "Glass is just too dangerous."

Doherty said customers whose tables shatter should:

• File a complaint with ConsumerAffairs.com;
• Save at least some of the glass for proof; and
• Contact Kmart and JRA to make sure they know these tables are unsafe.

Consumers should not accept any replacements from JRA as they will likely shatter again. Instead, look for a plastic replacement or completely replace the table with one that has no glass.

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