Product Liability Law Blog

With Tiki torches and citronella candles now being replaced by firepots and fancy torches as the main illuminator during outdoor summer gatherings, consumers may have to worry about their safety. It turns out that the gel fuel used to light these more chic devices can be very dangerous—so dangerous that in certain situations igniting the fuel gel can cause it to behave like napalm and quickly envelope a person, sticking to his/her skin and clothing and refusing to be extinguished even when a blanket is wrapped around the victim. If you or someone who love has sustained burn injuries because of a dangerous or defective consumer item, you should contact our products liability lawyers right away and ask for your free case evaluation.

Burn injuries can be incredibly painful and they cause a great deal of suffering for the victim. Specialized medical care may be required to treat burn injury victims, costly medical procedures while still leaving the victim permanently disfigured.

Recently, one couple filed their Florida products liability complaint for burn injuries they sustained while using the NAPAfire and FIREGEL Pourable Gel Fuel with their firepots last June. Jacqueline Delgado sustained severe burns that left her in critical condition. Her husband Renee Delgado also suffered burns. Two weeks after their Florida burn accident, the Consumer Product Safety Commission announced the recall of approximately 460,000 pourable NAPAfire and FIREGEL products following reports of burn injuries by consumers who were hurt when the gel fuel ignited unexpectedly while being poured into a still burning firepot. The gel fuel's distributor, Napa Home & Garden, has since filed for bankruptcy protection. This means many of those who have sustained burn injuries from the product will be hard pressed to recover products liability damages from the company.

The Delgados, however, have decided to pursue Florida burn injury compensation from the packagers of the gel fuel, which was promoted as eco-friendly, the store that sold the firepots to Jacqueline, and the pharmacy where she purchased the fuel.

Others who have suffered serious burn injuries in similar accidents involving the gel fuel are a 14-year-old boy in New York and an Orlando man who died from his injuries. In two separate South Carolina burn injury accidents, four people are also blaming the gel fuel. Both South Carolina products liability lawsuits are alleging negligent design, testing, and manufacturing, and failure to warn about the risks involved.

Products Liability
Unfortunately, there are defective/dangerous products that can cause severe burn injuries to victims. Chemical burns, hot water burns, electrical burns, and fire burns are some of the burn injuries that can be caused by consumer goods. A manufacturer, supplier, or distributor doesn't have to have acted negligently to be held liable if someone got hurt because the product was unsafe for use or malfunctioned. There may be more than one party who should be sued for products liability and/or wrongful death.

Palm Beach County couple files lawsuit after burning incident, Sun-Sentinel/The Palm Beach Post, August 3, 2011

Napa Home & Garden Recalls NAPAfire and FIREGEL Pourable Gel Fuel Due to Fire and Burn Hazards, CPSC, June 22, 2011

Gel fuel poses extra dangers, Telegram.com, August 1, 2011

Related Web Resources:
Napa Home & Garden

Burns, MedlinePlus

More Blog Posts:
Turkey Fryers Can Increase Fire and Injury Risk During Thanksgiving, Product Liability Law Blog, November 22, 2010

Preventing Injuries to Children: Are Gas Fireplaces a Burn Hazard?, Product Liability Law Blog, March 8, 2010

Defective Clothing: Family Files $30 Million Wrongful Death Lawsuit Against Blair LLC After 80-Year-old Woman's Chenille Bathrobe Catches Fire, Product Liability Law Blog, November 16, 2009

Continue reading "Products Liability: Fire Gel Fuel Used in Firepots, Fancy Torches, and Personal Fireplaces Posing a Serious Burn Injury Hazard to Consumers" »

The National Fire Protection Association is discouraging people from using turkey fryers when cooking their bird over Thanksgiving. The cooking apparatus has become a favorite alternative to baking. That said, over the years, products liability lawsuits have been filed because people have suffered burn injuries as a result of a turkey fryer.

According to the US Consumer Product Safety Commission, since 1998, dozens of incidents involving burns, fires, and flames caused by turkey fryers have been reported. Most injuries occurred while the oil was heating up and before the turkey had been placed in the fryer. Injuries can also occur from splashing, which can happen when partially frozen meat is cooked in the fryer.

Other scenarios that might lead to turkey fryer-related injuries:

• Any time hot oil from the fryer splashes or spills. This can occur when the turkey is being placed in or taken out of the fryer, in the event that the fryer tips over, or should snow or rain strike exposed, hot cooking oil.
• Using a propane-fired turkey fryer indoors can create a fire hazard.
• NFPA doesn't think that turkey fryers are safe for use even if a consumer is careful and well-informed about how to operate one.

CPSC offers several safety recommendations for using a turkey fryer:

• Make sure the fryer is always in full view while in operation.


• Keep the fryer in an open space and away from fences, walls, and other structures.


• Do not use a turkey fryer in, over, or under a garage, porch, carport, or any structure that can catch fire.


• Cover your bare skin when removing or adding food.


• Slowly raise and lower your turkey to minimize oil splatter.


• Monitor the oil temperature in the fryer to make sure that overheating doesn't occur.

Turkey Fryers, National Fire Protection Association

CPSC Issues Safety Tips for Turkey Fryers, CPSC

Related Web Resources:
Fire Departments: Do Not Deep-Fry Turkey, CBS4, November 22, 2007

Deep-fried turkey safety and cooking tips, Boston Herald

Burns, MedLine Plus

Continue reading "Turkey Fryers Can Increase Fire and Injury Risk During Thanksgiving" »

With cold weather continuing to affect many parts of the US, people have been using their gas fireplaces to keep everyone indoors warm. Yet are the doors of some of these gas fireplaces poorly designed so that they pose a burn danger to kids?

According to the Children's Hospital Burn Center, in the last five years, the number of hand burns caused by fireplace glass doors has gone up by 50% with an average of 2-3 burn victims coming in each week for treatment. One reason for this is that there are a lot of gas fireplace doors that lack protective screens.

It takes just six minutes for a fireplace door's temperature to hit 200 degrees. The glass door may keep kids away from the fire, but they may still subject to second- and third- degree burns from coming into physical contact with the heat emanating from an extremely hot door.

Over the holiday season, one young boy sustained white blisters on his hands when he placed them on the glass doors of a fireplace. Following the Colorado burn accident, the boy was rushed to the hospital for treatment. Luckily, his injuries did not require skin grafting.

Burn Injuries
Burn injuries can be very painful and traumatic. Second-degree burns can affect both the dermis and the epidermis. Symptoms of a second-degree burn include swelling, redness, peeling skin, blisters, pain, charred skin, peeling skin, and shock. Immediate treatment is imperative, or a second-degree burn can become a third-degree burn. Third-degree burns affect both the external and internal skin layers. They can lead to scar injuries.

Manufacturers must make sure that any products they design are not dangerous for use and if there is an inherent hazard, then they must providing a warning label cautioning against how to prevent injury or death. Otherwise, the victim and his/her family can file a products liability lawsuit suing for personal injury damages. Young children are especially prone to injuries caused by hazardous or dangerous products.

If your child sustained a burn injury from coming into contact with a fireplace glass door, we invite you to contact our products liability law firm and ask to speak with one of our child injury lawyers immediately.

If you are using a gas fireplace with a glass door, the Children's Hospital recommends that you:

• Place a screen or gate around the fireplace to block kids from touching the door.
• Watch your kids when they are near the fireplace.
• Remember that it takes a gas fireplace about 45 minutes to cool down completely after it has been shut off.

Cozy gas fireplace? Don't let it be a burn hazard, Denver Post, February 13, 2010

Gas Fireplace Glass Door Burn Prevention, Children'sHospital.org

Related Web Resources:
Burns, Medline Plus

Burns, KidsHealth.org

Nearly five years after Atwilda Brown died from severe injuries that she sustained when her chenille bathrobe caught fire, the elderly woman's family is suing Blair LLC for her wrongful death. They are seeking $30 million.

The 80-year-old was making tea on February 12, 2005 when the tragic accident caused by the defective clothing happened. She is one of nine people who have died because a Blair chenille robe caught fire. Most of the victims were elderly people. Three of the people who died were cooking when the tragic burn accidents happened.

Brown's daughter, Sharon Davis, says she wants more people to realize how deadly the chenille robes have proven to be for wearers. Already, Blair LLC has announced two recalls because the robes and other chenille items do not meet federal flammability standards. This means that the person wearing the robe and those nearby are at risk of burn injuries if the wearer makes contact with an open flame.

A few weeks ago, the daughters of Evelyn and Murray Rogoff also sued Blair LLC for their parents' wrongful deaths. Last February, the sleeve of Evelyn's chenille robe caught fire while she was making tea. Murray was also injured when he tried to help his wife.

Susan Brent says she heard her mother screaming and found her parents on the floor. She used bottles of water to stop the fire but her mom had already sustained serious arm, neck, and back injuries. Evelyn died six weeks after the burn accident. Murray died from a heart attack in July.

Brent and her sister Michele Putini are seeking nearly $2 million for products liability, which they are linking to their parents' wrongful deaths.

Clothes are supposed to meet the US standards for flammability. While all clothes are susceptible for catching fire, certain fabrics are more susceptible to igniting faster than others, which can prove fatal to the wearer. A clothes manufacturer can be held liable if a piece of clothing proves to be a flammable hazard that causes serious burn injury or death to its wearer.

Daughters: Company's Defective Robe Caused Parents' Deaths, 10News.com, October 29, 2009

Woman Blames Robe For Mother's Death, Eyewitness News 3, October 27, 2009

Blair Expands Recall To All Women's Chenille Apparel Due to Burn Hazard; Additional Reported Deaths Prompt Re-Announcement of Robe Recall, CPSC, October 22, 2009

Related Web Resource:
Flammable Fabrics Act

According to an investigation conducted by a Seattle television station, there have been a number of Apple IPod players that have burst into flames, exploded, or overheated, causing property damage and injuries. The TV station, KIRO TV, managed to use the Freedom of Information Act to get the Consumer Product Safety Commission to turn over 800-pages discussing the hazards associated with Apple's IPods. The report was obtained with some resistance from Apple. The company's attorneys reportedly kept filing exemptions to keep the information from going public.

Some of the injury incidents involving IPods:

• One woman says her young daughter sustained burn marks when she picked up her IPod. Apple told her that the burn accident was an isolated one.
• Another burn injury victim, Jamie Balderas, says she sustained a burn mark on her chest because her new iPod Shuffle overheated while she was running. The Washington resident says a customer service representative also told her that the incident was an isolated one.
• One young IPod user, 14-year-old Portland, Oregon resident Haylie Mooney, says her hand became swollen after she picked up her iPod, which she received for Christmas in 2007. She says that the iPod felt so hot to the touch that she dropped it immediately. Haylie's mother, Tami Mooney, says that when she reported the injury incident to Apple, they didn't seem concerned that her daughter had gotten hurt. Tami says Apple told her that they hadn't heard of this kind of burn accident happening to any other IPod users.
• Last March, the mother of a teenage boy that sustained burn injuries to his leg because he says his 16GB iPod Touch exploded in his pants filed a products liability lawsuit alleging injuries to a minoragainst Apple. The boy, 15, sustained second-degree burns.

According to the CPSC's report, the IPods' lithium batteries may be the cause of the burn and fire accidents. Yet with more than 175 million iPods sold, the federal agency has determined that the number of injury accidents that have occurred is pretty low compared to the number of iPods that are made and sold and at this point doesn't believe a recall is warranted.

Yet even such minor incidents can result in serious burn injuries, such as when an iPod overheats, causing its user's clothes to catch fire.

Apple sued over 'exploding' iPod Touch, News.cnet.com, March 13, 2009

Apple Downplays Fiery iPod Incidents, KIROTV.com

Apple Tries to Downplay iPod Fire Incidents, OS News, July 22, 2009

Consumer Complaints about their iPods (PDF)

Related Web Resources:
CPSC

Contacting Apple

Continue reading "CPSC Report Documents Burn Injuries Caused by Apple's iPods" »

In the last four days, the Consumer Product Safety Commission has announced the recalls of four products due to concerns that they could pose an electrical or fire hazard to users. Products that are part of the recalls include:

Approximately 13,000 Ritchie immersion heaters: The reason for the recall is that there is a possibility the heater could crack, exposing the heating element in the heater to water. If this happens, someone who comes in contact with the heater could experience electric shock. To date, there have been 44 reports of heater covers cracking. Fortunately, no one has been injured so far. With the cold weather expected to last in many parts of the United States for at least several more weeks, however, now is a good time to return these heaters and get them replaced.

Holiday Ultra-Brite Lights distributed by Universal Distribution Center: Some 52,000 products are part of this recall. A defect involving undersized wires could cause the light sockets to become exposed if the wires separate from the plugs. The CPSC is concerned that this product may pose a fire or electric shock hazard to users.

All-Clad 4-Square Belgian Waffle Makers, distributed by All-Clad Metalcrafters LLC: The waffle maker's wiring is easily damaged and could pose a shock or fire hazard if someone were to come in contact with the waffle maker's metal parts. Already there have been 20 reports of the waffle makers giving out sparks. No injuries have been reported so far. These waffles are sold only through Williams-Sonoma.

Approximately 430 Tealight Candleholders, which are sold at Seventh Avenue and distributed by Berkeley Designs: The CPSC says the resin accents on the candleholder's sides could ignite and cause a fire. While no injuries have been reported, there is one report of a candleholder catching fire.

Defective Household Products
While household products and furniture items may seem like useful and generally harmless items to have in your home and around your children, there are those products that are defectively made or end up malfunctioning that could pose a serious physical threat or health risk to you and your family. Dangerous electrical appliances, such as defective microwaves, washing machines, stereos, coffee makers, dishwashers, heaters, refrigerators, and other products that require the use of electricity can turn into dangerous products that leave you vulnerable to electrocution injuries, electrical burns, burn injuries, or death. A small fire caused by a defective electrical appliance or another item requiring the use of flames could rapidly turn into a devastating blaze that could destroy not just your home but the lives of those you love.

The manufacturers of household products and other consumer goods must be held accountable if a defective or malfunctioning product causes an injury or death. Filing a products liability lawsuit is one way to hold the negligent party liable.

Ritchie Immersion Heaters Recalled By Springfield Wire Due to Shock Hazard, CPSC, March 4, 2009

Holiday Lights Recalled by Universal Distribution Center Due to Shock and Fire Hazard, CPSC, March 4, 2009

All-Clad Recalls 4-Square Belgian Waffle Makers Due to Shock Hazard; Sold Exclusively at Williams-Sonoma, CPSC, March 4, 2009

Seventh Avenue Recalls Tealight Candleholders Due to Fire Hazard, CPSC, March 3, 2009

Related Web Resources:
Protect yourself and your home from electrical hazards

Electrical Safety, CDC

Burn Survivor Resource Center

Continue reading "Burn and Electrocution Injuries Are Reasons for Latest CPSC Recalls of Heaters, Holiday Lights, Waffle Makers, and Tealight Candleholders" »

The US Consumer Product Safety Commission and Hewlett-Packard, Dell, and Toshiba are working together to recall some 35,000 lithium-ion batteries used in the companies' notebook computers because of concerns that the batteries could overheat and catch fire. The batteries are made by Sony Energy Devices Corporation. An additional 65,000 Sony batteries outside the United States are also part of the Sony recall.

In the United States, the batteries were sold separately, as well as included with certain Dell, Hewlett-Packard, and Toshiba notebooks. Details about which laptops are affected by the battery recall, as well as the model numbers of the recalled batteries can be found on the CPSC Web site.

In the United States, there have been at least 19 reports of incidents involving the notebook batteries overheating. 17 of the incidents involved batteries that caught fire, resulting in two consumers sustaining minor burn injuries and 10 incidents of property damages.

Outside the US, Sony has received at least 40 reports of battery malfunctions. Property was damaged in 21 of the incidents, while four incidents involved consumers who sustained minor burn injuries. Sony says all of the defects related to this latest battery recall are a result of a production line adjustment. The modifications, geared towards greater efficiency, resulted in the manufacture of these defective batteries.

In 2006, Sony announced a worldwide recall of 9.6 million laptop batteries that were used in computers made by Toshiba, Dell, Lenovo Group Ltd, and Apple Inc. Sony says the defective batteries from the 2006 recall were also made by Sony Energy Devices Corporation.

In September 2008, Sony recalled approximately 73,000 VAIO TZ-series Notebook Computers because of worries that irregularly positioned wires close to the computer's hinge could result in a short circuit that could cause the laptop to overheat, putting users at risk of sustaining burn injuries.

Injuries Caused by Overheating Laptops
Laptops are at risk of overheating because they require rechargeable batteries that do heat up. In the event that a battery defect or a laptop malfunction causes the computer to get too hot, people can suffer serious burn injuries—especially if the computer catches fire.

Sony Recalls More Laptop Batteries, WSJ Online.com, November 1, 2008

PC Notebook Computer Batteries Recalled Due to Fire and Burn Hazard, CPSC.gov, October 30, 2008

Related Web Resources:

Laptop Overheating? Some Useful Hints to Prevent It, Associated Content

Sony Recalls Notebook Computer Batteries Due to Previous Fires, CPSC.gov, October 23, 2006

Continue reading "CPSC, Hewlett-Packard, Dell, and Toshiba Work Announce Recall of 35,000 PC Laptop Batteries Made by Sony Because of Burn and Fire Hazard" »

Researchers at the University of Chicago Medical Center say that microwave manufacturers could be doing more to protect children from burn injuries. In their study, published in this month's Journal of Pediatrics, doctors reported that added safety protections, including accelerated warning campaigns and locking options, could reduce the number of injuries that occur when kids take food out of the microwave.

While many of the latest microwave oven models come with an option to lock the oven before operation, a child can easily open the oven once it has stopped heating an item. Researchers say that this is when the majority of burn injuries happen.

The study concentrates on 104 patients under age 5 that were admitted to the burn unit at University of Chicago Medical Center for accidental injuries. According to researchers, 90% of the children sustained burn injuries caused by hot liquids or foods.

Burn injuries seemed to occur most often when children ages 18 months to 4 years opened the microwave doors to take out hot food or liquid or when older children, ages 7 to 14, accidentally spilled the hot items on younger children. Children, between 10 and 21 months, were the ones most likely to sustain burn injuries.

45 of the children involved in the study had burns on over 10% of their bodies. In some cases, children experienced infections and underwent intubation and tracheostomy. 7 of the 104 patients underwent inpatient rehabilitation. The researchers also found that not enough is being done to warn parents about the dangers that hot foods and liquids heated in microwaves can pose to children.

Scald Burns
A scald burn can occur when moist or dry heat or hot vapor burns the skin. A scald burn is considered a second-degree burn. The healing process can be very slow and scars are like to develop. At home, scald burns can occur when the skin comes into contact with hot water, soup, coffee, tea, or other hot liquids.

Burn injuries can be serious and traumatic injuries that can be very painful and costly. A burn victim may have to undergo skin grafts, plastic surgery, and other painful procedures to recover. If your child suffered injuries from a household appliance and the product manufacturer could have done more to prevent the injuries from happening, your family may be entitled to personal injury recovery.

Microwave Ovens Need Added Safety Controls, Researchers Advise, ScienceDaily, October 7, 2008

Burns and Scalds Safety, SafeKids.org (PDF)

Related Web Resources:

The Journal of Pediatrics

Facts About Burn Injury, Stlouischildrens.org

University of Chicago Medical Center

Continue reading "Burn Injuries to Children Can Be Prevented By Adding Safety Controls to Microwaves, Says New Study" »