Considerations in Burn Injury Cases
October 19, 2012 By Fisher & Talwar, Professional Law Corporation
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We surround our lives with them every day – furniture, appliances, and toys. We trust our products to be good, properly manufactured and safe. Unfortunately, not all products are safe. Some result in life-altering burns more frequently than we’d like to admit. Polyurethane, a type of foam found in household furniture is a highly flammable material.
Since it is petroleum-based, it has similar properties to fuel. Because of this flammability factor, manufacturers are inclined to use fire redundant materials to separate the foam from any source of flames.
A manufacturer who fails to use fire redundant in appropriate places is breaching his duty to design products without defects. This includes manufacturing products that may result in burn injuries due to foreseeable uses and misuses.
Stoves pose obvious concerns for consumers with kids. A set of standards has been put in place to prevent products from being designed in a way that poses obvious risks to a child, in event that they are able to get on top of an oven door.
Some of the more common grounds for burn injury lawsuits arise from mattresses, and mattress pads that do not comply with Federal Regulations and flame redundancy standards.
Burn injury cases are evaluated on various criteria with some of the things looked at including:
• Burn characteristics of a product – including the rate of which gases are released in comparison to rate of oxygen consumption – in other words – did the product burn too fast and released too much carbon monoxide and smoke, which could have contributed to an injury.
• Proving defectiveness by illustrating that a recall was issued while the product was still in production.
• Reasonably foreseeable use and misuse of a product, even if the manner in which the injury occurred is not.
• Current guidelines from non-governmental agencies such as The National Fire Protection Association and National Association of State Fire Marshals.
• Current regulations from government agencies such as Consumer Product Safety Commission, National Institute of Standards and Technology, and U.S. Fire Administration.
ABOUT THE AUTHOR: Fisher & Talwar
Fisher & Talwar is a personal injury law firm in Los Angeles, CA. Jamie Fisher is a seasoned litigator with extensive experience representing real estate and business owners in eminent domain and inverse condemnation matters. Additionally, Mr. Fisher has successfully litigated a wide range of real estate related matters including construction defect, buyer/seller disputes, ADA compliance, CEQA, landlord/tenant and unlawful detainer. Vibhu Talwar is an aggressive litigator with more than a decade of legal experience. His practice involves complex business litigation and catastrophic injury. Throughout his legal career, he has assisted businesses and individuals in recovering millions of dollars.
Copyright Fisher & Talwar, Professional Law Corporation
More information about Fisher & Talwar, Professional Law Corporation
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
A manufacturer who fails to use fire redundant in appropriate places is breaching his duty to design products without defects. This includes manufacturing products that may result in burn injuries due to foreseeable uses and misuses.
Stoves pose obvious concerns for consumers with kids. A set of standards has been put in place to prevent products from being designed in a way that poses obvious risks to a child, in event that they are able to get on top of an oven door.
Some of the more common grounds for burn injury lawsuits arise from mattresses, and mattress pads that do not comply with Federal Regulations and flame redundancy standards.
Burn injury cases are evaluated on various criteria with some of the things looked at including:
• Burn characteristics of a product – including the rate of which gases are released in comparison to rate of oxygen consumption – in other words – did the product burn too fast and released too much carbon monoxide and smoke, which could have contributed to an injury.
• Proving defectiveness by illustrating that a recall was issued while the product was still in production.
• Reasonably foreseeable use and misuse of a product, even if the manner in which the injury occurred is not.
• Current guidelines from non-governmental agencies such as The National Fire Protection Association and National Association of State Fire Marshals.
• Current regulations from government agencies such as Consumer Product Safety Commission, National Institute of Standards and Technology, and U.S. Fire Administration.
ABOUT THE AUTHOR: Fisher & Talwar
Fisher & Talwar is a personal injury law firm in Los Angeles, CA. Jamie Fisher is a seasoned litigator with extensive experience representing real estate and business owners in eminent domain and inverse condemnation matters. Additionally, Mr. Fisher has successfully litigated a wide range of real estate related matters including construction defect, buyer/seller disputes, ADA compliance, CEQA, landlord/tenant and unlawful detainer. Vibhu Talwar is an aggressive litigator with more than a decade of legal experience. His practice involves complex business litigation and catastrophic injury. Throughout his legal career, he has assisted businesses and individuals in recovering millions of dollars.
Copyright Fisher & Talwar, Professional Law Corporation
More information about Fisher & Talwar, Professional Law Corporation
View all articles published by Fisher & Talwar, Professional Law Corporation
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
