Fireplaces are common in many homes across the U.S., but what happens when these fireplaces cause extensive property damage and or bodily harm.  Just last week the United States Consumer Product Safety Commission issues a nationwide recall of three types of gas fireplaces manufactures by Hussong Manufacturing and American Flame. According to the CPSC the “main control module can allow gas to be released and buildup in the burner area, posing an explosion hazard,” which thus far have resulted in at least, nine incidents of property damage and burn injuries. There may be hundreds of more cases that have not been reported to proper authorities. Specific labels of the gas fireplaces involved in the recall include

• Kozy Heat Fireplaces
• Ambiance Fireplaces
• Stellar Hearth Products Fireplaces

Defective Products and Consumer Rights: Our defective product law firm is currently investigating a claims where defectively designed and or manufactured  fireplaces have resulted in extensive fire/property damage and in some cases bodily injury. If you are the owner of the listed product below you should take precautions to avoid serious injury which may result.

Recalled Product Lawsuits: Generally there are three ways in which a victim of a defective product is able to prove the existence of a defect.
(1) Defect in the original design of the consumer item
(2) Defect caused by faulty manufacturing of the item.
(3) Labeling defect, otherwise known as the failure to properly warn consumers of all known and or knowable dangers associated with the use of the product.

Compensation Available for Victims of Physical Injury From the Use of A Defective Product: Victims of physical harm due to the use of a defective product have the right to seek out financial restitution for all harms endured. The types of damages recoverable in such cases include..

• All medical and health related costs.
• Cost of future recovery and rehabilitation care.
• Recovery for lost wages, loss of future income and other economic damages.
• Non-economic damage recovery including mental anguish as well as pain and suffering.
• Punitive Damages:  in certain instances court have allowed for the appropriation of punitive damages for individuals who have suffered harm. In such cases punitive damages can be awarded where the at fault party acted with either the willful intent to cause harm or reckless indifference for the life and health of the consumer.
• Liability for Property Damage : If your home has been damaged as a result of a defective fireplace, you are entitled to damages for your case.  In cases where you have significant property damage that has taken place, a claim for damages will be permitted.

Ortal Issues Recall on Gas Fireplaces Due to Risk of Fire Hazard

There is a recall for the Traditional 90 and Traditional 110 Gas Fireplaces by Ortal due to heat release and ventilation issues, which can lead to a fire. The issues have been traced to improper installation, which may be remedied by a retrofit plate. However, consumers will need to contact Ortal to verify that their fireplace is installed on the floor or on a wooden base. If so, the manufacturer will install the retrofit plate at no charge to the customer. In the meantime, affected consumers should stop using the fireplaces immediately.

It’s worth noting that there have been at least 4 reports of fires so far, as a direct result of the defects mentioned above. Aside from property damage, these accidents can cause life-altering injuries, including severe burns, disfigurement, brain damage, coma, seizures, and even death. If you or a loved one suffered bodily harm and/or property damage from one of these fireplaces, call us right away to discuss your rights and legal options. You may be eligible for a personal injury claim against the manufacturer, which will compensate you for medical bills, lost income, damage to your home, and other monetary damages. However, there is a limited amount of time to take action on a defective product accident case, so don’t delay in contacting our office for a free case review.

Attorney Consultation: If you or  loved one have suffered injuries due to a defective gas fireplace feel free to contact our law offices toll free (855)385-2529. All legal consultations are provided by our consumer rights attorneys free of charge. More Information Regarding the Filing of a Product Liability Lawsuit: Statute of Limitations – Product Liability Lawsuits  Federal Government Recall Information