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
- 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.