Flammable Clothing Burn Injuries
In 1953, Congress signed the U.S. Flammable Fabrics Act to protect Americans from clothing that could easily become flammable. Congress expanded the act to include any type of material in a clothing garment. Nonetheless, poorly manufactured clothes continue to put wearers at risk. Today, clothing manufacturers must meet strict regulations and standards regarding flammable clothing. Clothes must be flame resistant and durable enough to comply with federal law. Those injured by flammable clothing can hold clothing manufacturers liable if the defectively designed clothing ignites and causes them burn injuries.
If you have suffered a burn injury caused by flammable clothing, you may be concerned about how to recover compensation. While burn injuries caused by flammable clothing are somewhat unusual, you may still have a valid legal case. At Arnold & Smith, PLLC our lawyers have helped many clients recover compensation for serious personal injuries. Our trial-ready attorneys know how to fight hard at court to secure the most compensation possible for clients. Contact our personal injury law firm today with convenient locations in Charlotte, Mooresville and Monroe to schedule your free case evaluation.What Causes Clothing-Related Fires and Burn Injuries?
Clothing fires can happen for a variety of reasons. Most clothing fires involve clothing coming into contact with an open fire or a heated appliance. The following situations can result in clothing fires, resulting in burn injuries:
- Ash from cigarettes making contact with clothing material. Clothing should smolder rather than light up when this happens.
- Clothing comes in contact with incense burners or candles.
- Clothing comes into contact with flames from a fireplace
- A kitchen stove’s flame or a kitchen appliances’ heat causes the clothing to catch on fire
- A person stands too close to a space heater and his or her clothing catches on fire.
Some materials are naturally more flammable than others. For example, acrylic, rayon, and cotton-based fabrics are usually the most flammable. However, the way that the manufacturer weaves the clothing can affect how combustible the clothing is should it come into contact with fire. The tighter the weave of the clothing, the more likely it is to catch on fire.
Additionally, when manufacturers use heavier, closed fabric weaving patters, the fabric is more likely to cause the wearer severe burn injuries. Looser fitting clothing will ignite near fire more easily than tight-fitting clothing. This explains why warning labels on children’s pajamas advise parents to make sure the pajamas fit tightly.Bringing a Lawsuit for Defective and Flammable Clothing
The manufacturer of the flammable clothing, the distributor of the clothing, and/or the retailer may be liable for damages. All of these entities have a duty to make sure that the clothing does not have a dangerously defective design. Clothing that is flammable due to poorly selected materials or too fine of a weave can be considered a defective design.
Many individuals who suffer burn injuries from flammable clothing are not aware that they may have a legal claim for compensation. However, victims of burn injuries from flammable clothing may have a valid legal case when they can prove the following:
- The clothing that caught fire was flammable per the Flammable Fabrics Act.
- Flammable clothing directly caused the plaintiff’s burn injuries. In other words, if the clothing had been safe, the plaintiff would not have suffered burn injuries.
- The defendant who is at fault put the clothing into the stream of commerce.
- The clothing was indeed flammable when the injured party bought the clothing at a retail location.
Flammable clothing can cause serious burn injuries. Burn injuries can be some of the most excruciatingly painful injuries. In addition to the emotional trauma caused by burn injuries, burn injuries can also lead to the following:
- Permanent scarring
- First, second, or third-degree burns
- Significant hospital stays
These injuries can place a significant burden on the injured person and on their loved ones. With medical bills piling up, burn injury victims may wonder how they will manage their normal expenses on top of their mounting medical obligactions . At Arnold & Smith, PLLC we help our clients fight for their right to compensation throughout the legal process. If you suffered burn injuries from a negligent clothing manufacturer, seller, or distributor, you may be entitled to compensation. Contact our experienced personal injury lawyers today to schedule your free initial consultation.