Flammable clothing can cause serious and permanent injury and death. Clothing meant to be sold to the general public must be compliant with the Flammable Fabrics Act. Many clothing products have been recalled because they don not comply with the standards of the Flammable Fabrics Act.
If the victim's clothing caught fire as a result of the clothing having high flammability, lawsuits can be filed against the parties who were involved in the chain of distribution of the clothing as well as the person who started the fire or the company that sold that product responsible for igniting the fire.
In an action to recover for injuries suffered as a result of high flammability of clothing, the injured party or victim must prove:
- The clothing was defective and unreasonably dangerous because it was highly or unusually flammable;
- The defect in the clothing caused the victim's injuries;
- The defendant sold the clothing or the fabric from which the clothing was made or some other constituent of the clothing;
- The defect in the clothing, fabric or other constituent existed at the time of the sale by the manufacturer, distributor or seller;
Read examples of products recalled for failure to comply with the standards of the Flammable Fabrics Act:
Fleece Sweatshirts Sold at Kmart Recalled - 11/6/00
Five-Y Clothing Inc. said today it is recalling about 42,000 fleece sweatshirts. These garments, which fail to meet the federal mandatory standards for fabric flammability, could ignite easily and present a serious risk of burn injuries.
Gap Inc. Recalls Flammable Children's Pajamas - 12/9/99
Gap Inc. is voluntarily recalling about 231,000 children's pajamas sold at Gap and Old Navy stores. The pajama sets fail to meet federal children's sleepwear flammability standards. The standards require sleepwear to be flame-resistant, and if the fabric ignites, the flame must self-extinguish. Failure to meet the flammability standards presents a risk of serious burns to children.
CPSC, Hardwick Knitted Fabrics Inc. Announce Recall of Fleece Garments - 1/5/98
In cooperation with the U.S. Consumer Product Safety Commission (CPSC), Hardwick Knitted Fabrics Inc. of West Warren, Mass., announces the recall of an estimated 16,800 fleece garments. Most of the garments are children's vests and pants; infant shirts; men's shirts; and ladies' tops, top and pants sets, and robes. These garments, which fail to meet federal mandatory standards for fabric flammability, could ignite readily and present a serious risk of burn injuries in violation of the Federal Flammable Fabrics Act. Fabrics that do not comply with the standard typically burn faster than newspaper.
CPSC and Target Announce Recall of Flammable Sweat Shirts - 3/24/97
In cooperation with the U.S. Consumer Product Safety Commission (CPSC), Target Stores of Minneapolis, Minn., is recalling about 106,000 fleece sweat shirts for men and boys sold under the brand name "UTILITY." The fabric, which fails to meet federal mandatory standards of fabric flammability, may ignite readily and presents a serious risk of burn injuries in violation of the federal Flammable Fabrics Act.
CPSC and Fashionique II Announce Scarf Recall - 5/15/96
The U.S. Consumer Product Safety Commission (CPSC) and Fashionique II Inc., of Willow Springs, Ill., are announcing the recall of 40,000 flammable sheer silk chiffon scarves. The scarves fail to comply with the requirements of the Flammable Fabrics Act and present a serious risk of burn injuries. In fact, these scarves burn faster than newspaper.
If you, a family member, or someone you know have sustained a serious burn injury as a result of a flammable clothing and you want to determine whether you have a claim for Worker's Compensation benefits and/or a Personal Injury claim for compensation, please contact us.
