Our mattress fire lawyers help people who suffer burn injuries from mattresses that catch on fire. Frequently, the injury victims are children and infants who are burned while sleeping on the defectively made mattress. The harm caused by these mattresses is often catastrophic and can even result in death.
Buckfire Law handles cases involving dangerous and defective products. Mattress manufacturers can be sued if the product was a cause of an injury or death. Other potential defendants include the distributor and seller of the dangerous mattress.
The term “flammable” is defined as “capable of being easily ignited or set on fire.” Certain household items, like mattresses, should not easily be set on fire and must be designed to extinguish quickly if they start to burn. Quite often, a burning mattress can be the cause of an injury or death that would not have occurred if it complied with government safety standards.
- How Do Mattresses Catch on Fire?
- What To Do After a Mattress Fire
- Criteria to File a Mattress Burn Lawsuit
- How much are Mattress Fire Settlements?
Federal Requirements for Mattresses
There are laws and regulations for the manufacturing and safety of sleep mattresses. Federal law (16 CFR 1632) requires mattresses to undergo strict testing to ensure they will not ignite easily.
Mattress means a resilient material or combination of materials enclosed by a ticking (used alone or in combination with other products) intended or promoted for sleeping upon.
The regulation applies to adult mattresses, youth and crib mattresses, futons, waterbeds, and even convertible bed sofa mattresses. The goal is to prevent serious burn injuries from occurring or accelerating as a result of a dangerous and defective mattress.
The standard requires testing that determines the mattresses’ ignition resistance when exposed to a lighted cigarette. Many mattress fires are caused by cigarettes and burning candles.
Many mattresses are made outside the United State, including China and other parts of Asia. Despite being made outside the U.S., mattress retailers must test the materials to make sure they comply with the strict federal standards. Otherwise, they cannot be sold to the public.
Most Common Types of Mattress Fires
Any mattress can catch on fire in certain circumstances. However, there are certain types that are very combustible even with slight ignition. For example, untreated natural fibers like cotton, linen, and silk ignite much faster than wool stuffed products. Mattresses made with fiberglass are extremely dangerous and there have been several recalls of them.
When someone suffers a serious burn injury due to a defective mattress, there may be a basis to file a mattress fire lawsuit. These cases demand compensation for the physical and psychological damages caused by a burn injury.
How Do Mattresses Catch on Fire?
Mattresses can ignite and catch on fire very quickly. The cause can be a cigarette, bedside candle, or any other condition that involves a spark or heated flame. Mattresses made with fiberglass filler are extremely dangerous and burn very fast.
A defective mattress is extremely dangerous. The burn rate can be very quick, making it impossible for a person to escape injury or death. It often occurs without any warning and most people are completely unaware that their mattress is a burn hazard in their home.
What To Do After a Mattress Fire
First, seek medical attention. 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 local urgent care or your primary care doctor.
To preserve a claim for compensation and to file a defective mattress lawsuit, you should save the mattress if at all possible. This will allow our product liability lawyers to test it at an approved lab to see if it complies with mattress 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 video provide important evidence of liability, injuries, and damages.
Finally, try to locate the sales receipt or credit card statement for the mattress. This is helpful in establishing the point of sale and holding the proper parties accountable for the burns caused by it. We also may need to obtain an identical mattress to have it tested.
Criteria to File a Mattress Fire Lawsuit
To file a personal injury lawsuit for burns caused by mattresses on fire, there are several factors that must be proven in order to win the case. The criteria include proving:
- The mattress was in violation of federal safety standards
- The mattress that caught on fire was the proximate cause of the burn injuries
- The manufacturer or distributor knowingly or negligently placed dangerous and defective mattress for sale to the public
- The flammable properties of the mattress were present at the time of purchase
In addition, many lawsuits are based on the fact that the mattresses were not provided with warning labels to warn users of the potential dangers. Warning labels are essential in preventing burn injuries to consumers unfamiliar with the inherent dangers of mattresses.
Who can I Sue for a Mattress Fire Injury?
There are several potential defendants for a mattress fire lawsuit, including:
- A business that sells mattresses that are dangerous and will burn easily and quickly, including brick and mortar retail stores, furniture stores, and mattress stores.
- The company that designed, manufactured, and sold the mattress and failed to place required warning labels on the fabrics;
- A distributor or wholesaler that sells the mattress to retailers and resellers.
A lawyer at Buckfire Law experienced in flammable mattress 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 Mattress Fire Settlements?
There is no set amount or even a calculator for personal injury settlements. Every case is unique, so each case must be valued on its own merits.
There are two types of recoverable damages, economic losses, and non-economic losses. 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 the financial harms caused by an injury. Examples include lost wages, medical expenses, and loss of future income. Claims for medical expenses 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.
Contact a Mattress Fire Lawyer Today
If you or someone you care about suffered burn injuries due to a mattress fire, 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 Mattress Injury Resources
Consumer Product Safety Commission Mattress Standards
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