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Determining Product Liability With Flammable Products

Fire With Fire—Determining Product Liability and Flammable

Materials Wikipedia describes the term flammability as “how easily something will ignite causing combustion or fire.” Usually we think of chemicals and gases as highly flammable. We are careful to light a match near gasoline…but how about lighting a match around your clothing? How about lighting a match in your living room or kitchen? Unbeknownst to consumers, some dangerous products have proven to be highly flammable and have actually started fires that have led to severe injury or death.

The U.S. Fire Administration reports that in 2008 there were 1,451,500 fires, 3,320 fire-related deaths and 16,705 fire-related injuries. The results of these fires, most of which were accidental, were devastating. More Americans are killed from fires than from all natural disasters combined. The damage in property loss for approximately one and a half million fires was $15.5 billion dollars.

Many of these fires result as a direct result of the use of flammable product. Some of the most active seasons for fires, as reported by the U.S. Fire Administration, include the winter and fall season, thanks to product-heavy holidays like Halloween, Thanksgiving, Christmas and New Year’s Eve.

The publication Facts About Flammability quoting sources from the Federal Emergency Management Agency and U.S. Consumer Product Safety Commission, published a few little known facts about flammable products. Some of these tips included:

• Most types of clothing and textiles will burn; flame resistant material only slows the burn
• The way fabric burns depends on its fiber content
• The way fabric burns depends on how it was made
• Flame-resistant fabrics do not have chemical finishes
• Although there are flammability laws and manufacturing standards, most clothes can still burn quickly

What determines an unsafe, flammable product in a legal context since all clothing is essentially a minor hazard risk? Remember in this situation, it’s not flammability itself that is on trial—it’s the accountability of the manufacturer who created the dangerous product.

A judgment for product liability is decided by four important factors: negligence in production or design, breach of implied or state warranty, misrepresentation or strict tort liability. When it comes to a flammable product, each and every marketed item (whether it be a piece of upholstery or clothing) must comply with the standards of the Flammable Fabrics Act of 1953 which sought to regulate the making of highly flammable clothing. In the year 1967, the law was expanded to include interior furnishings as well as paper, plastic, foam and other fabric materials. Eventually authority over this law was transferred from the Federal Trade Commission to the Consumer Product Safety Commission.

If a manufacturer shows negligence in design, production or marketing and releases a product that proves to a fire hazard to the public then they can be sued for product liability. You might think that most manufacturers would be eager to comply with fire safety standards in order to protect consumers, but the fact of the matter is that some of these companies continue to fight attempts to use flame-retardant treatments on their products.

This is certainly the case with Blair LLC who is now facing multiple lawsuits involving injury and wrongful death cases because of their chenille bathrobes. Says CPSC spokesman Scott Wolfson as reported by Google News, “This robe is highly flammable, flames travel quickly up the robe…It's a deadly risk to women.”

If you or a loved one has been injured because of a dangerous product or flammable product then contact the Rasansky Law Firm today and tell your story. You may be entitled to compensation for medical bills, pain and suffering and loss of income. Call 1-877-405-4313 for a free consultation.

RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT
1-877-405-4313

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