Flammable Clothing Lawsuit Lawyers

Our flammable clothing lawyers help people who suffer burn injuries from garments and costumes that catch on fire. Quite often, the injury victims are children and infants who are burned while wearing defectively made clothing. The harm is often catastrophic.

Buckfire Law represents victims injured by dangerous and defective products. Manufacturers of dangerous consumer products, including clothes, can be sued if the product was a cause of an injury or death. Other potential defendants include the distributor and seller of the goods.

The term “flammable” is defined as “capable of being easily ignited or set on fire.” Of course, many things are flammable by nature, such as paper, leaves, and gasoline. Other household products, like aerosols, hand sanitizers, and cooking oils can also catch on fire very quickly.

However, certain products should not be easily set on fire and must be designed and manufactured to prevent them from catching on fire, even when exposed to flames and heated surfaces. This includes clothing, garments, and even Halloween costumes.

• Most Common Types of Flammable Fabrics
• What To Do After a Clothing Fire
• Criteria to File a Clothing Burn Lawsuit
• How much are Settlement Compensation Payouts?

What is Flammable Clothing?

Flammable clothing refers to wearable items that can easily catch on fire. The United States has specific standards that require clothing items to be non-flammable, or difficult to ignite and be set on firm. The purpose of these safety standards is to reduce the risk of burn injuries to the public, and especially children and infants.

The federal law is known as the Flammable Fabrics Act of 1953. The Act of 1953, also referred to as FFA, provides three different categories for classifying textile and/or fabrics used to make clothing. These classes are:

• Normal flammability (Class 1): Textiles or fabrics that meet all of the requirements of the FFA and are assigned to this category may be used to make articles of clothing.
• Intermediate flammability (Class 2): Textiles and fabrics that fall under the class two category typically involve those that contain raised-fiber surfaces. Despite this fact, they may be used for clothing when they meet all of the regular safety standards required under the FFA.
• Rapid and intense burning (Class 3): Any fabric or textiles that are found in this class cannot be used to make clothing. The reason for this is because these kinds of textiles and fabrics are considered to be extremely dangerous due to their highly flammable properties.

Many articles of clothing and fabrics are made outside the United States by manufacturers in other countries, including China and other parts of Asia. Despite being made outside the U.S., retailers and sellers of clothing in this country must test the materials to make sure they comply with the strict clothing flammability standards. Otherwise, they cannot be sold to the public.

Most Common Types of Flammable Fabrics

Any piece of clothing can catch on fire in certain circumstances. However, there are certain types of clothes that are very combustible even with slight ignition. For example, untreated natural fibers like cotton, linen, and silk ignite much faster than wool products.

Clothing flammability is the speed that the item catches on fire and rate at which it burns once alighted. The most common types of flammable clothing include:

• Baby clothing and blankets
• Children’s pajamas
• Adult nightwear
• Boxer shorts
• Costumes, like Halloween costumes & masks
• Silk shirts and pants
• Loose fitting clothes of all types
• Linens and blankets

When someone suffers a serious burn injury due to a dangerous and flammable clothing article, there may be a basis to file a flammable clothing lawsuit. These cases demand compensation for the physical and psychological damages caused by a burn injury.

How does the Clothing Catch on Fire?

Clothing can ignite and catch on fire very quickly. Quite often it is from a candle, an oven, or even an outdoor barbeque. Sometimes, it can be from a spark or even hot ash.

Clothing that is flammable ignites and spreads very quickly. And, the burns happen so quickly that people in the vicinity cannot even act quick enough to put out the fire or prevent it from spreading. A burn injury occurs quickly and usually with no warning, and most times, the victim and family members do not recognize in advance the potential for a clothing fire.

What To Do After a Clothing Fire

The most obvious and important thing to do after the clothing is set on fire is to seek urgent medical treatment. If the burns are serious, you will want to be evaluated and treated at a hospital burn injury unit. For less serious burns, go to a local urgent care or your primary care doctor.

To preserve a claim for compensation and to file a lawsuit, you should save the piece of clothing or a piece of it if at all possible. This will allow our lawyers to have it tested at a later date to see if it complies with clothing flammability standards. The testing results may be the key factor in winning your lawsuit.

Also, take photos of the clothing and injuries as soon as possible after the fire. Photographs and videotapes provide important evidence on liability, injuries, and damages.

Finally, try to locate the sales receipt or credit card statement for the article of clothing or costume. This is helpful in establishing the point of sale and holding the proper parties accountable for the burns caused by the defective clothing and fabric.

Criteria to File a Clothing Burn Lawsuit

To file a personal injury lawsuit for burns caused by flammable clothing, there are several factors that must be proven in order to win the case. The criteria include proving:

1. The clothing was flammable and in violation of the Flammable Fabrics Act.
2. The clothing that caught on fire was the proximate cause of the burn injuries.
3. The clothing manufacturer or distributor knowingly or negligently placed dangerous and defective clothing products for sale to the public.
4. The flammable properties of the clothing were present at the time of purchase.

In addition, many lawsuits are based on the fact that the clothes and fabrics were not provided with warning labels to warn parents and clothing wearers of the potential fire hazards associated with the fabrics. Warning labels can be essential in preventing burn injuries to unsuspecting people who are unfamiliar with the inherent dangers of certain clothing fabrics.

Who can I Sue for a Flammable Clothing Burn Injury?

There are several companies and businesses you can sue for a flammable clothing lawsuit. Potential defendants in a products liability lawsuit can include:

• A clothing store business that sells articles of clothing that are dangerous and will burn easily and quickly, including brick and mortar stores and online clothing sellers;

• The company that designed, manufactured, and sold the flammable clothing item and failed to place required warning labels on the fabrics;
• A distributor or wholesaler that sold flammable clothing articles to retailers and resellers.

A lawyer at Buckfire Law experienced in flammable clothing cases will evaluate every aspect of your case to determine if it meets the criteria to file a lawsuit. If your case meets the criteria, we will file a lawsuit and demand maximum compensation for you.

How much are Settlement Compensation Payouts?

There is no set amount or even a guideline for personal injury settlements. Every case is unique from both a liability and damages aspect, so each case must be valued on its own merits.

The law generally provides for two types of damages, economic losses and non-economic losses. In all cases, an injury victim can demand compensation for both types of losses and most settlements are a combination of all possible recoverable damages.

Economic losses are essentially the financial harm caused by an injury. Examples include lost wages, medical expenses, and loss of future income. Claims for medical expenses often include payment for future treatment, especially when a burn injury results in scarring and disfigurement that may require plastic surgery at a later date. The plastic surgeon can provide the estimated cost for surgeries and treatment needed over a person’s remaining lifetime.

Non-economic damages are compensation for losses and harms that are not financial in nature. There are twenty-five types of pain and suffering damages that are demanded in a lawsuit. These include payment for physical pain and suffering, mental anguish, disfigurement, and disability.

A jury will assess each type of damage and render a verdict for specific dollar amount for economic damages and a separate amount for the pain and suffering damages. Settlement negotiations also include discussions of all damages and most often a lump sum payment is paid by the defendants to include all potential recoverable damages.

Some states also allowed for punitive damages against the defendants. These are damages meant to punish the defendants for manufacturing and selling dangerous products that harm people. These are in addition to the economic and non-economic damages awarded to the plaintiff.

Flammable Clothing Settlement Example

A 10-year-old child was burned when his Halloween costume caught fire and burst into flames. He suffered serious injuries that required hospitalization and left him with permanent scars and disfigurement. A lawsuit was filed alleging violations of the Flammable Fabrics Safety Act and other allegations regarding negligence and product liability.

The costume manufacturer and the product licensing company disputed the claims. They alleged that they were not in violation of the Act and the costume was properly manufactured. Shortly before a jury trial, the parties agreed to settle the case for $6,000,000.

Contact a Flammable Clothing Lawyer Today

If you or someone you care about suffered burn injuries due to flammable clothing or fabric, you should contact the Michigan law firm Buckfire Law today. We handle dangerous product cases in Michigan and partner with top law firms throughout the United States.

Our award-winning attorneys will review your case for free and advise you if you meet the criteria to file a lawsuit. If you have a meritorious case, we will start working on it immediately.

We do not charge any legal fees unless you win a settlement. And, it costs nothing to get started!

Flammable Clothing Burn Injury Resources

• Consumer Product Safety Commission Flammable Fabrics
• ANSI Standard for Halloween Costumes
• ATSM Safer Children’s Costumes