Fires and sever burn injuries inflict untold pain and suffering every year. An often-overlooked cause of these fires is the combustibility of unsafe fabrics and clothing. Hidden dangers may be in furniture materials, children and adult clothing, or any type of item containing fabric or filler material. Numerous laws and standards may be applicable to these situations. The Flammable Fabrics, Act, for example, was passed in 1953 in response to public concern over a number of serious burn incidents involving brushed rayon high pile sweaters (referred to as "torch sweaters") and children's cowboy chaps which ignited easily and flash burned. The Standard for the Flammability of Clothing Textiles is flammability standard under the FFA that applies to all adult and children's wearing apparel with the exception of children's sleepwear, which must meet more stringent standards. The purpose of this standard is to reduce the danger of injury and loss of life by providing a national standard for testing and rating the flammability of textiles and clothing for textile use and to discourage the use of dangerously flammable clothing textiles. The testing specified fabrics into three classes of flammability. Class 3 fabrics are considered dangerously flammable and may not be used in clothing textiles or items of wearing apparel. Class 2 fabrics are considered intermediate flammability.  Class 1 fabrics are considered normal flammability. This flammability standard can be effective in removing from the market some apparel and fabrics that are "so highly flammable as to be dangerous when worn by individuals. If the Commission determines a product, fabric, or related material does not comply with flammability standard, it is authorized to pursue a variety of legal sanctions, including criminal prosecution.     Unfortunately, many times the issues of compliance and flammability standards are not addressed until an unfortunate an accident occurs and civil remedies are pursued against manufacturers, material makers, sellers, testing companies, and retailers.

Legal claims involving flammable fabrics can involve complex legal and technical issues. The following are a few important legal, factual and evidentiary matters that should be considered when evaluating a flammable fabrics claim.

• What are the facts and circumstances pertaining to the claim?

• What are the ages of the person involved?

• Was there a formal investigation by a government agency?

• Are there any independent witnesses?

• What was the ignition source?

• Was the ignition source dangerous or defective?

• What type of item, fabric, and material were involved?

• Was the material or fabric natural or man made?

• Who manufactured, sold, or distributed the material or it's components?

• If clothing, was the item properly designed, given it's flammability characteristics?

• Is any part of the item, material, or fabric left, and is it properly secured?

• Are there any exemplar items available?

• When and where was the item purchased?

• Is there any proof of purchase?

• Did the item contain any warnings?

• Was the warning deficient in any manner?

• Was the ignition and burn temperature of the item?

• Could the fabric or material been made less dangerous?

• If clothing, could the item have been designed safer?

• Have there ever been similar incidence?

• What degree of burns did the victim suffer?

• Will there be a requirement for surgery and skin grafts?

• Is there permanent scarring and disfigurement?

• Did the victim suffer any injuries due to smoke?

• Is there any insurance coverage available?

• Were there any prior similar incidence known to the manufacturer?

• Has there been any independent flammability studies on the item and/or material?

It is important that the flammable fabrics claim be evaluated by an experienced legal team. Complex legal and safety issues may be involved. If you, a friend, or loved one are injured by a fire or burn accident, you should take immediate steps to protect your or their interest. Do not compromise your rights by making statements to the press, insurance investigators, potential defendants, their representatives, and do not sign anything. Consider the suggestions in our accident guide, and call us immediately. We are here to help. At Larry King, P.C., we recognize the unique issues pertaining to burn victims. You can call us seven days a week, 24 hours a day, everyday of the year. We also offer a free legal-infoline service, and you can now contact us on this web site by using our Personal Injury Contact form. We are committed to doing the extra things it takes to help our clients. If you would like to know more, make a selection from the above box.