The Consumer Product Safety Commission enacted the Federal Flammable Fabrics Act in 1953 which governs manufacturing and safety guidelines for flammable clothing. The Act was expanded to further include furniture, as well as any type of material used in a garment. However, despite our governments attempts to keep clothing burn resistant, recent trends in manufacturing and cost efficiency have put thousands of individuals at risk for burn and serious injuries as a result of burning clothing. In fact, it is estimated that nearly 5,000 individuals are injured and another 150 die every year as a result of burns from defectively manufactured clothing. Burns from flammable clothing are especially harmful because the clothing attaches to a person’s skin. This can lead to serious injuries such:
- First, second or third degree burns
Who is Responsible for My Flammable Garment InjuriesMany people who suffer burns as a result of defective clothing don’t even know that they have a claim against the clothing’s manufacturer. However, these manufacturers have a duty to make sure the clothes we wear are safe and free from any flammable materials. Therefore, a manufacturer, distributor or seller will be found culpable if it can be shown that:
- The clothing was in fact flammable, in violation of the Flammable Fabrics Act.
- The flammable clothing was a direct cause of the injuries. In other words, you would not have been burned had the clothing been safe and not flammable
- The entity at fault placed the clothing in a stream of commerce.
- The clothing was flammable at the time the injured party purchased the garment.