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This section covers recent developments, including legislative, regulatory, recalls, and litigation filings and settlements relating to issues of fire and flammability.
CPSC recalls containers of gel fuel for potential "burn dangers."
South Carolina Adopts Mandatory Residential Fire Sprinklers For New
Construction (3-4-2010)
Violation of Federal Mattress Flammability Standard Prompts Recall of
Sofa-bed Mattresses by IKEA
Two of Foster Law Firm's Furniture Fire Cases Featured
Fire Safe Cigarettes
Six Reported Deaths Prompt Urgent Re-announcement of Blair Recall of Women’s Chenille Robes
CPSC Recalls Products with No Injuries Reported While Allowing Furniture Fires to Maim and Kill Without any Recall or Regulation
Maytag voluntarily recalls 1.6M refrigerators
Fire Escape Smoke Hood
Mad Dog Concepts Recalls Boy's Pajamas Due to Burn Hazard
Carbon Nanofibers Cut Flammability of Upholstered Furniture
Flameproofing products and services Fabrics, paint, wood
Appeals Board Upholds Residential Sprinkler Requirement by Unanimous Vote
RESIDENTIAL FIRE SPRINKLERS RECEIVE LANDSLIDE SUPPORT
50 Million Alabama Verdict for Exploding Water Heater
NASFM Seeks to Classify Polyurethane Foam as a Hazardous Material
"CPSC Announces Mattress Standard"
Fire Safe Cigarettes
FOSTER LAW FIRM PUBLISHES FURNITURE FLAMMABILITY ARTICLE
SIX DEATHS - FIVE INJURIES IN MOBILE HOME FIRE FUELED BY FOAM FILLED SOFA
HOTEL FIRE CASE
FLAMMABLE HAIR CARE PRODUCTS
Attorney Robin Foster Appears in Television News Stories Over Furniture Fire Risks
Alabama Furniture Fire Cases
Georgia Furniture Fire Case
Kentucky Furniture Fire Case
South Carolina Furniture Fire Case
FIRE RETARDANT CHEMICALS
CALIFORNIA BANS USE OF TWO FIRE RETARDANT CHEMICALS AFTER 2008
UPHOLSTERED FURNITURE INDUSTRY CONCEDES FLAMMABILITY REGULATION A REALITY
Gas Fired Appliances
Flammable Clothing
Futon Flammability Recall
Flammable Playpen
Smoke Detector
Treble Damages In Products Cases
Halogen Floor Lamp Fires
CPSC recalls containers of gel fuel for potential "burn dangers."
The AP (6/22/11) reported the Consumer Product Safety Commission announced the recall of 460,000 containers of gel firepot fuel Wednesday, saying "the pourable gel fuel can ignite unexpectedly and splatter onto people and objects nearby when it is poured into a firepot that is still burning." Known incidents and injuries have occurred when consumers refilled the pots' fuel cups and couldn't "tell whether the flame in the firepots, which can burn blue or clear with little smoke, is completely extinguished." Last week, Rep. Tim Bishop and Sen. Kirsten Gillibrand called for a countrywide recall of all types of liquid fuel for firepots.
Violation of Federal Mattress Flammability Standard Prompts Recall of Sofa-bed Mattresses by IKEA
WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.
Name of Product: IKEA KARLSTAD sofa-beds
Units: About 500
Distributor: IKEA Home Furnishings, of Conshohocken, Pa.
Hazard: The mattress and seat cushions intended to be used as a mattress fail to meet the mandatory federal open flame standard for mattresses, posing a fire hazard to consumers.
Incidents/Injuries: No injuries were reported.
Description: IKEA KARLSTAD sofa-bed frame has article number 801-215-12, supplier number 20789 with date stamps (YYWW) 0845 through 0927 located on a label attached to the underside of the sofa-bed frame. The mattress topper is not affected by this recall.
Sold at: IKEA stores nationwide from November 2008 through July 2009 for about $850.
Manufactured in: Mexico
Remedy: Consumers should immediately stop using the mattress and cushions and contact IKEA or visit the Returns and Exchange Department at their local IKEA store to arrange free installation of a replacement mattress and seat cushions.
Consumer Contact: For more information, contact IKEA toll-free at (888) 966-4532 anytime, or visit the firm’s Web site at www.ikea-usa.com
Two of Foster Law Firm's Furniture Fire Cases Featured
Two of Foster Law Firm's Furniture Fire Cases Featured by Charleston S.C. Post and Courier's "Hidden Killer", a two part Expose on the National Furniture Flammability Problem (2009).
Fire Safe Cigarettes
While New York was the first state to adopt legislation requiring all cigarettes sold in the state after 2004 to pass NIST standard SRM 1082, which requires that no more than 25% of forty cigarettes burn their full length when placed on 10 layers of filter paper, all designed to reduce ignition of upholstered furniture, mattresses and other common household
products, as of June 2009, 47 states have enacted similar legislation. It is believed that by the end of 2009, all 50 states will either have such regulation in effect or at least have the legislation filed. To learn more about fire safe cigarettes and get a state by state update,
go to firesafecigarettes.org
Smoke Alarm Government Study Estimate Escape Times may be too Short with Modern Furnishings Fires
Six Reported Deaths Prompt Urgent Re-announcement of Blair Recall of Women’s Chenille Robes
WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission (CPSC) and Blair LLC, of Warren, Pa., are re-announcing the voluntary recall by Blair of 162,000 women’s full length Chenille Robes. Since the recall was originally announced in April 2009, Blair has received reports of six deaths due to the robes catching on fire. Five of the six victims were female, and all five were cooking at the time of the incidents. Three of the victims were in their 80s.
CPSC and Blair announced the recall for the robes after Blair learned of three robes catching on fire, including one report of second-degree burns. Blair was subsequently made aware of the fatalities after the recall was announced and after Blair had sent letters of the recall to consumers who purchased the robes.
The Women’s Chenille Robes have the following item numbers: 3093111, 3093112, 3093113, 3093114, 3093115, and 3093116. The item number is identified on a label in the garment’s neckline. The robe is a one-piece garment made of plush sculpted chenille, a shaped stand collar, and horizontal chenille front and back yolks and cuffs. The robe has a full-button front with seven matching button closures, long sleeves with self cuffs, a straight bottom with self hem, and two sideseam pockets. The robe’s sewn in label states: “100% Cotton, RN 81700, Made in Pakistan”.
The robes were sold in Blair catalogs and Web site, and Blair stores in Warren, Pa., Grove City, Pa., and Wilmington, Del., from January 2003 through March 2009 from about $20 to $40.
CPSC and Blair once again urge consumers to stop wearing the garments immediately and contact Blair LLC for information on returning the robe and to receive a refund or a $50 gift card for Blair merchandise. Contact Blair toll-free at (877) 392-7095 between 9 a.m. and 9 p.m. ET Monday through Saturday, visit the firm’s Web site at http://www.blair.com/content.jsp?pageName=recall, or contact the firm by e-mail at
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
“CPSC urges all consumers to report any incidents or injuries involving consumer products, even after a recall has been announced,” said Acting CPSC Chairman Thomas Moore. “Contact the CPSC so that we may help prevent tragic deaths or injuries like those that might be related to the Blair robes.”
CPSC is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about it by visiting https://www.cpsc.gov/cgibin/incident.aspx
CPSC Recalls Products with No Injuries Reported While Allowing Furniture Fires to Maim and Kill Without any Recall or Regulation
“Almost every day I receive copies of press releases from the CPSC that memorialize that the agency has recalled X number of products (sometimes involving 10’s of thousands of individual products) for known or suspected safety violations. Many of these releases contain language that suggests that, although the CPSC knows of no actual injuries or deaths resulting from the alleged safety defect(s), the recall action is taken to prevent injury or death that might occur due to the continued use of the potentially dangerous product. In such instances it appears that CPSC errs on the side of caution and takes preventative action to forestall potential injury. The contrast and disconnect between such recall regulatory actions (even though they are apparently initiated under a different section of the Act), and the CPSC’s 35-year response to the catastrophic public safety problems caused by highly flammable residential upholstered furniture is beyond belief. Yes, the problem has been- and continues to be challenging, but while CPSC has vacillated from one potential solution to another, other more progressive government agencies both in the United States and Europe have successfully implemented fire safety standards that address both cigarette and small open-flame ignition of furniture used in both residential and public occupancies. “ Gordon Damant Maytag voluntarily recalls 1.6M refrigerators (3-11-09)
Maytag Corp. said Tuesday that it has voluntarily recalled about 1.6 million refrigerators due to an electrical problem that could create a fire hazard.
The problem has led to 16 incidents ranging from smoke damage to major kitchen damage, Maytag said.
The company and the U.S. Consumer Product Safety Commission said the recall -- the nation's largest involving refrigerators, according to federal authorities, involves some Jenn-Air, Amana, Admiral, Magic Chef, Maytag, Performa by Maytag and Crosley side-by-side and top freezer refrigerators. They were sold from January 2001 through January 2004 at department and appliance stores and by homebuilders.
The refrigerators, which sold for $350 to $1,600, came in black, bisque, white and stainless steel. Those with bottom freezers are not included in the recall.
The recall notice said an electrical failure in the relay component that turns on the refrigerator's compressor can cause overheating and pose a serious fire hazard.
Maytag, a unit of Whirlpool Corp., said 41 refrigerator ignition incidents have been reported, with 16 resulting in various degrees of damage.
Consumers were advised to contact Maytag to find out if their refrigerator is included in the recall and to set up a free in-home repair. Its toll-free number is 866-533-9817.
The company said refrigerators should not be returned to the stores that sold them.
Benton Harbor, Mich.-based Whirlpool purchased Maytag in March 2006 in a $1.8 billion deal. Fire Escape Smoke Hood The maker of this escape hood states a user has at least 30 minutes of smoke and toxic product filtration time, to escape a smoke filled building. See a video demonstration
Mad Dog Concepts Recalls Boy's Pajamas Due to Burn Hazard The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.
Name of Product: Tony Hawk Boy’s Pajama Sets
Units: About 25,000
Importer: Mad Dog Concepts, of New York, NY
Hazard: This sleepwear fails to meet the federal children’s sleepwear flammability standard, and poses a risk of burn injury to children.
Incidents/Injuries: None reported.
Description: The recall involves the following skateboard-themed boy’s pajama sets: “Boards Estate” (item # TH005LSB), “Heathen Skull” (item #TH006BSB), “Backspray” (item #TH007GSB) and “Stix Jester” (item #TH008RSB). The name of the product and item number are sewn in the neck and pant. The items were sold in sizes 4 to 14.
Sold at: Kohl’s Department Stores nationwide from September 2008 through October 2008 for about $30.
Manufactured in: Cambodia
Remedy: Consumers should stop using the recalled pajamas immediately and contact the firm for instructions on obtaining a full refund.
Consumer Contact: For additional information, contact Mad Dog Concepts toll-free at (888) 623-3640 between 8:30 a.m. and 5 p.m. ET Monday through Friday.
Carbon Nanofibers Cut Flammability of Upholstered Furniture This microscope image of the remains of upholstery foam with carbon nanofiber additives after a burn test shows that the nanofibers in the foam retained their initial arrangement during the combustion process, forming an insulating structure with an extremely low density. Researchers believe that this “carbon foam” acts as a sponge to absorb the molten foam during burning and to prevent dripping. (Image shows a sample 24 millimeters across.)(PhysOrg.com) -- Carbon, the active ingredient in charcoal, is normally not considered a fire retardant, but researchers at the National Institute of Standards and Technology have determined that adding a small amount of carbon nanofibers to the polyurethane foams used in some upholstered furniture can reduce flammability by about 35 percent when compared to foam infused with conventional fire retardants.
Flameproofing products and services Fabrics, paint, wood
Laws require mattresses and upholstered furniture sold in California and used in public spaces such as hotels and offices be treated with fire retardants or barrier fabrics to minimize fire fatalities and injuries and to cut damage costs. According to the National Fire Protection Association, the total burden of fire in the United States was about $270 billion in 2005. Ten years ago, NIST scientists found that nanoclays could be used as an effective fire retardant additive, but researchers have been seeking alternatives because nanoclay flame retardants do not prevent the melting and dripping of polyurethane foam when exposed to a fire. This molten foam accelerates the burning rate by as much as 300 percent. “It also creates so much smoke that it is a life-safety hazard,” said Jeff Gilman, leader of the Materials Flammability Group in the Building and Fire Research Laboratory. Researchers added carbon nanofibers to the foam because they knew that adding nanoparticles to a polymer normally increases the viscosity, so it doesn’t flow as easily. “The carbon nanofibers help prevent the foam from dripping in a pool under the furniture and increasing the fire intensity,” Gilman said. Studies of the foam after the experiments showed that carbon nanofibers seemed to create a thermally stable, entangled network that kept the foam from dripping. NIST fire researchers have traditionally used upholstered furniture to study its flammability, but in this study, they developed a small-scale technique for evaluating the effect of dripping and pooling on foam flammability. About the size of a slice of toast, the foam samples were treated with one of six combinations of carbon nanofibers or conventional clay flame retardants. The foam “toast” was suspended vertically over a pan, ignited, and the amount of drip was measured. The foam with carbon nanofibers did not drip. “These small-scale experiments correlate well with the fire behavior of larger foam samples and are easier and less expensive to conduct,” said Gilman. “The small-scale tests will allow us to cost-effectively perform more experiments and help us find an optimal fire retardant faster.” “Carbon nanofibers are still more expensive than conventional flame retardant materials, but because the price is decreasing and so little needs to be used, they could soon be an affordable and effective option,” Gilman explained. NIST fire scientists will continue to study the mechanisms that reduce flammability and dripping and work with chemical companies, nano-additive suppliers, flame retardant suppliers and foam manufacturers to test new blends of foam and carbon nanofibers to improve flame retardant material. Additionally, new work is planned to develop sustainable, environmentally friendly fire retardants using cellulosic nanofibers and testing other innovative fire retardant approaches. Provided by NIST Appeals Board Upholds Residential Sprinkler Requirement by Unanimous Vote Requirement stays on track for inclusion in 2009 International Residential Code CHICAGO, IL (December 11, 2008) – Public safety advocates cleared a significant hurdle on the path towards having new homes protected with fire sprinkler systems when a special committee of the International Code Council (ICC) voted unanimously to reject an appeal of recently approved residential sprinkler requirements, which had been filed by the National Association of Home Builders (NAHB). The requirements, slated for inclusion in the 2009 edition of the International Residential Code (IRC), follow historic votes last September in Minneapolis, MN, where ICC’s Voting Governmental Members overwhelmingly supported Proposals RB64 and RB66 to require fire sprinklers in all new one- and two-family dwellings and townhouses. The IRC is a model code that regulates new home construction in 48 states plus the District of Columbia. NAHB’s appeal had asked ICC to set aside the Minneapolis vote because of claimed procedural irregularities, including an assertion that firefighters, who had been credentialed by ICC as Voting Governmental Members, should not have been permitted to vote in the ICC process. ICC’s Appeals Board conducted a public hearing on behalf of the ICC Board of Directors, where interested parties were permitted to provide input on the merits, or lack thereof, of NAHB’s claims. At the conclusion of the hearing, the Appeals Board affirmed that the IRC’s new fire sprinkler requirements resulted from valid actions of the ICC membership, and a recommendation to reject the appeal was issued to the ICC Board of Directors. “We are pleased to have once again had the opportunity to work on behalf of the nation’s fire service, building officials and other public safety interests to advocate residential fire sprinklers,” said Ronny Coleman, President of the IRC Fire Sprinkler Coalition. “ The success of this effort reflects the commitment of many individuals and organizations who share a common belief that injuries and deaths associated with home fires are preventable through the use of residential fire sprinkler systems. We applaud the ICC Appeals Board for their ability to focus on the facts and render the proper response.” The full ICC Board of Directors will now review the appeal at their upcoming meeting on December 19th, when a final ruling is expected. RESIDENTIAL FIRE SPRINKLERS RECEIVE LANDSLIDE SUPPORT International Code Council Vote Confirms Need for Life-Saving Technology in New Homes MINNEAPOLIS – September 21, 2008 – Voting members of the leading building code body in the nation, the International Code Council (ICC), overwhelmingly supported a residential fire sprinkler requirement for all new one- and two-family homes and townhouses. Fire service and building code officials united to approve the requirement and countered opposition. The code proposal, RB64, easily overcame a procedural requirement that mandated a super-majority of two-thirds approval. This represents an unprecedented step forward in advancing home fire safety in the United States. The vote, held today in Minneapolis, was supported by 73 percent of the voting members in attendance. The IRC Fire Sprinkler Coalition, an association of more than 100 fire service, building code official, and safety organizations representing 45 states, assumed a leadership position and secured unified support for this issue over the past 18 months. "Our team worked hard to rally support throughout the United States for a residential fire sprinkler requirement, but our supporters deserve the recognition for showing up en masse in Minneapolis," said Ronny J. Coleman, president of the IRC Fire Sprinkler Coalition. "They know from experience that sprinklers are the answer to the nation’s fire problem." Fire deaths in the United States realized a dramatic decline over the past three decades as smoke alarms became common – today, more than 95 percent of homes have them. Still, more than 3,000 people die each year from fire, and a home burns every 80 seconds. Residential sprinklers are the only fire protection technology that works to rapidly contain fire, effectively giving families more time to escape the deadly heat and poisonous gases of an unchecked fire. Therefore, the proposal’s passage has also pleased home safety advocates across the country. "We work with families every day that are directly affected by the ravages of fire," said Meri-K Appy, president of the Home Safety Council. "We are thrilled not only because this moment has taken decades of demanding work to achieve, but because it provides protection for potential victims of future fires." Kaaren Mann, a fire safety advocate and the mother of a fire victim stated in her testimony, "the cost to put sprinklers into the home where my daughter died would have been less than what I had to pay for the flowers at her funeral." The sprinkler mandate will first appear in the 2009 International Residential Code® (IRC), which will be published by the end of the year. Forty-six states use the IRC as the basis of regulating new home construction. "The vote was a historic moment in residential fire safety – and is a significant step in a long journey before sprinklers are installed in every new home," noted Ronny J. Coleman, president of the IRC Fire Sprinkler Coalition. "We’re now going to move forward at the state and local level to ensure new code requirement is adopted." 50 Million Alabama Verdict for Exploding Water Heater An Alabama jury returned a 50 Million dollar verdict, which included 37.5 M in punitive damages, against manufacturer A.O.Smith Water Products Co. Oct. 18,2007, to the family of a 55 year old real estate broker, who was killed when he attempted to relight a pilot light with an electric starter button, causing an explosion of gas which had collected in the area. The family immediately had problems with the hot water heater after moving into their new Mobile, Al home. The builder told the owner Kranz to contact the subcontractor who installed the heater, who in turn contacted the manufacturer after unsuccessful attempts to replace the thermocouple. The manufacturer sent a repairman to the home who was not familiar with the new 2003 industry safety standard which called for use of a FVIR (flammable vapor ignition resistant technology) device. He called the A.O. Smith Care center who directed him in replacing the control valve. The manufactuer's policy required the Co. to determine the qualifications of the contractor, which the repr. failed to do. The Co. further failed to verify the correct part number which resulted in installation of a 7 year old valve which destined the heater for an explosion. The error resulted in a collection of gas in the flue stack and into the garage, which ignited when Kranz clicked the restart button, which sent the garage door 145 feet into the street. Kranz was burned over 90% of his body, and died 4 days later. NASFM Seeks to Classify Polyurethane Foam as a Hazardous Material
Because of the extreme flammability properties of polyurethane foam of the type commonly used in residential upholstered furniture, the NASFM in March 2007 petitioned the DOT to require transporters of foam to follow strict procedures to protect the public, particularly first responders to emergencies who could be seriously injured or killed by ignition of such material while being transported. 72 FR 15184, March 30, 2007. The association cited reports that the material has "flammability properties of well-established hazardous materials such as gasoline, which react in liquid and vapor phases". Rather than assigning the foam to Class 4 as a flammable solid, NASFM recommends that it be placed within Class 9, for unusual but clearly hazardous materials. The DOT sought public comments through June 28,2007. Click here to view 74 FR 15184. Back to top CPSC Commissioner against Pre-emption of its Mattress Flammability Act The CPSC issued its mattress flammability rule in January 2005 which became effective for all new mattresses made after July 1, 2007. Two weeks before the vote, the mattress industry was successful in causing the commission to add a preemption clause in the preamble to the Act. There was no time for public comment and the Act passed. Commissioner Thomas Moore filed a statement strongly objecting to the sudden inclusion of language which could be interpreted as preempting state law, citing language in the Flammable Fabrics Act (FFA) preventing the commission from preempting state tort law. As a result of requests by the U.S. Senate Committee on Commerce, Science & Transportation and the House Committee on Energy and Commerce to the CPSC in 2007 for proposals to improve and strengthen the agency. Mr. Moore made legislative proposals which request Congress to clarify whether the FFA, among other legislation passed, preempt a litigant's right of redress for personal harm caused by a product which complies with standards promulgated under these Acts. Moore's position is that they should not, citing Section 25(a) of the CPSA which states "compliance with consumer product safety rules or other rules or orders under this Act shall not relieve a person from liability under common law or under State statutory law to any other person." 15 USC sec. 2074. He believes that this should apply to the mattress flammability standard, as well as other standards issued by the CPSC under all Acts it administers. He also proposed an amendment to sec. 37 of the CPSA to require that companies who have three or more lawsuits filed against them involving the same product must report to the commission the alleged hazard, as opposed to three lawsuit settlements, as it now reads. As the U. S. Supreme Court prepares to take on several preemption cases during the fall 2007 term, Senator Patrick Leahy, D-Vt, condemned the Bush administration for its concerted effort to impose federal rules. He said, "When the administration attempts to override the efforts of state authorities to provide meaningful health, safety and consumer protections, all Americans are more vulnerable." Back to top "CPSC Announces Mattress Standard" On February 16, 2006, the Consumer Products Safety Commission voted in favor of a mattress flammability standard relating to open flame ignitions of mattresses, which applies to all mattresses manufactured on or after July, 2007. The standard is a performance base standard in which the mattress is exposed to two gas burners emitting the amount of flaming heat represented by typical bedclothes or bed coverings. In order to pass the test, the mattress must not have a peak heat release rate greater than 200 kilowatts of heat energy during the first 30 minutes of the test and cannot develop more than more than 15 Mega - Joules in total heat released during the first 10 minutes of the test . This is essentially the same standard adopted by the State of California in 2005 for all mattresses sold in the state after the effective date. The performance standard is designed to make mattresses burn more slowly and less intensely, to allow greater escape time. The CPSC also included a last minute preamble, which was disseminated two weeks before the vote in the public domain which calls for a broad federal preemption of any state laws or requirements, which are not identical to the federal standard. 16 CFR 1633 Final Rule: Standard for the Flammability (Open Flame) of Mattress Sets CPSC Mattress Rule July 2007 Back to top Fire Safe Cigarettes On February 26, 2006, California, Vermont and Canada joined New York in requiring fire safe cigarettes, which must meet NIST standard SRM 1082, which requires that no more than 25% of forty cigarettes burn their full length when placed on 10 layers of standard filter paper. This standard is designed to reduce the risk of ignition of upholstered furniture and mattresses and other goods by smoldering cigarettes. Back to top FOSTER LAW FIRM PUBLISHES FURNITURE FLAMMABILITY ARTICLE
Robin Foster co-authored an article on the legal and technical aspects of furniture flammability litigation which was published by ATLA in the November 2005 edition of Trial magazine. Click here to view the article. Back to top
SIX DEATHS - FIVE INJURIES IN MOBILE HOME FIRE FUELED BY FOAM FILLED SOFA
Foster Law Firm, L.L.P. was associated as counsel for plaintiffs in claims filed in May and July, 2004, against upholstered furniture maker Futuristic, Inc., of Bean Station, Tennessee, and a mobile home manufacturer, Oakwood Homes (now in bankruptcy). The claims arise out of a July 9, 2003, Jacksonville, North Carolina fire, started in the manufactured home occupied by the plaintiffs, by a mentally challenged child, who ignited a candle with a cigarette lighter. The polyurethane foam filled couch, made by Futuristic, Inc., ignited and within minutes, filled the mobile home with intense heat as well as thick, black toxic smoke, trapping 6 of his siblings, who perished in the fire. His mother, along with help from neighbors, was finally able to break out a bedroom window, where 4 children were rescued, but sustained severe smoke inhalation injuries. The mother nearly bled to death from the lacerations caused by the large shards of glass which remained in the window frame, which was not made of safety glass.
The plaintiffs allege the sofa was excessively flammable and exhibited a high rate of fire growth, with release of high heat and toxic by-products of combustion. Plaintiffs allege construction defects in the manufactured home, including inadequate draft stops, emergency egress windows and smoke alarms. The cases are styled Boyd Tisdale, Administrator of the Estate of Amanda Leigh Ann Turner, Estate of Doreen Shavanet Oates, Estate of Jessie LaMont Oates, Jr., Estate of QuaNesh Maria Lavette Oates, Estate of Diamond Faith Carol Perez, and Estate of Angela Lynette Avila, vs. Futuristic, Inc. and Oakwood Homes Corporation, Case No. 04 CVS 1714 and Boyd Tisdale, Guardian ad Litem for Lauren Ashley Oates, Anthony Oates, Sharetha Lanae Oates, and Latasha Tashae Oates, and Mary Alice Turner, as mother of Lauren Ashley Oates, Anthony Oates, Sharetha Oates, Latasha Tashae Oates, vs. Futuristic, Inc., Case No. 04 CVS 2084 (Onslow County). The parties reached a confidential settlement in March 2007. California TB 603 Back to top HOTEL FIRE CASE Foster Law Firm, LLC was associated as counsel for 11 victims, including the estate of a young mother leaving behind 2 children, and a man sustaining severe pulmonary problems, as against a Comfort Inn franchisee, RG Hospitality, LLC, and its franchiser, Choice Hotels International, Inc., arising out of a January 25, 2004 fire started by an arsonist on the 3rd floor hallway of this Greenville, South Carolina hotel. A total of 6 people were killed and 12 seriously injured. Plaintiffs allege that a number of factors contributed to cause the deaths and injuries, including inadequate security which allowed entrance of the arsonist through an unsecure rear door, inadequate response by the hotel night clerk to the activation of the fire alarm, the failure of the hotel to have the sprinklers it advertised, and as required, and existence of flammable building materials in the hallway which greatly accelerated the fire, with associated smoke and toxic products of combustion. The plaintiffs settled with a francisee in November 2006, after selection of a jury, for a confidential amount. Summary judgment was granted to the franchisor, Choice Hotels, in the cases pending in Federal Court and is on appeal to the Fourth Circuit. (See Greenville News article dated April 11, 2007. Click here to view the article.) Elsie Marie Allen,as PR of the estate of Donna Lea Swaim, deceased AND William E Harrell Jr. VS. Greenville Hotel Partners, Inc., R.G.Hospitality, LLC and Choice Hotels International Inc., C A Nos. 6:042327-20 and 6:042328-20 Filed July 14, 2004 Back to top FLAMMABLE HAIR CARE PRODUCTS Foster Law Firm, L.L.P. was associated for the plaintiff in a case filed October 21, 2003, Tony Pixley as Personal Representative of the Estate of Frankie Pixley vs. J. M. Products, Inc., House of Cheatham and SC Department of Mental Retardation, Case No. 2003-CP-32-3959, filed in Lexington County, South Carolina. On November 2, 2002, plaintiff's decedent accidentally ignited her hair while lighting a cigarette. Her hair had been treated with oil sheen hairspray and a petroleum based gel product which caused the decedent's hair to ignite and burn rapidly, dripping burning liquid hair care products onto her clothing, severely burning her. After six weeks in intensive care in a burn center, including 17 surgeries and 1.9 million dollars in medical expenses, the decedent succumbed to her injuries and died. The case was settled in December of 2005. Back to top Attorney Robin Foster Appears in Television News Stories Over Furniture Fire Risks April 2004 Two legal actions against US furniture manufacturers concerning the consequences of their products flammability have been settled out of court. The Attorney, Robin Foster, acting for a burn victim families, has described the flammability of (non fire safety treated) foam in furniture as a "design flaw." Both CBS News and Extra-TV US have broadcast information on polyurethane foam (PUF) in furniture, including interviews of firefighters, and fire victims, fire tests and real fire video footage, and statements from the US PUF industry (transcripts and videos accessible free online at the TV stations sites). The CBS video compares foam in domestic furniture with the PUF used as soundproofing material in the Station Nightclub, Rhode Island, where a tragic fire killed 99 people and injured 190 on February 23, 2003. Firefighters accuse PUF in furniture of being "solid gasoline." Extra-TV also carried out comparative burn tests, showing that fire-safety treated foam in furniture melts in contact with a flame but does not burn, whereas untreated foam goes up in flames. Robin Foster, attorney acting for a fire victims family states that deaths due to furniture fires are "occurring about two times a day in America because of upholstered furniture and the polyurethane foam within. I don't believe that's an accident. I believe that's a design flaw". Ikea, Spieger and Serta are cited as furniture manufacturers who voluntarily are applying the California State requirements for domestic furniture fire safety across the US. The cost of fire proofing a settee is quoted as US$25 "the price of three pizzas". The US Polyurethane Foam Association is quoted as declining an interview but stating that even FR materials can burn. Foster is quoted by Extra-TV as stating that "many furniture makers throw away warning labels that come attached to the foam" and that the furniture company with which this lawsuit was settled "admitted to removing labels so as not to frighten consumers." A similar story has also been run by WXIA-TV Atlanta, including fire tests carried out on mattresses and furniture by Atlanta Fire Department. The case of a fire victim who suffered grievous burns following a fire starting in a Love Seat is presented. This case was brought be the two Attorneys Robin Foster and Kirk Morgan. The furniture manufacturer is cited as having agreed to settle a lawsuit filed by the victim. A follow up story on the same channel presented Serta Mattress Company's policy of fire safe mattresses. CBS News (Early Show 17th February 2004): transcript, free access to full video of program including interviews, fire test and real fire footage... http://www.cbsnews.com/stories/2004/02/16/earlyshow/contributors/tracysmith/main600532.shtml Home: http://www.cbsnews.com/ EXTRA-TV coverage : http://extratv.warnerbros.com/cmp/spotlight/2000/02_10a.htm Station Nightclub fire (West Warwick, Rhode Island, Maine) 2003:
http://www.cefic-efra.com/pdf/0503/Nightclub.pdf and
http://www.cefic-efra.com/pdf/2003.06/nightclubfilm603.pdf Serta Mattress Company: safer mattresses press release (use of FireBlocker FR):
http://www.serta.com/media_cares.php WXIA-TV "11-Alive" 11th March 2004 "Designs Address Flammable Foam":
http://www.11alive.com/help/search/search_article.aspx?storyid=44082 WXIA-TV "11-Alive" 23rd February 2004: "Furniture Foam Highly Flammable"
http://www.11alive.com/news/news_article.aspx?storyid=43149 National Fireproofing Company (NFC) Flamex (includes fire test demo video):
http://www.natfire.com/products.html Back to top FURNITURE FIRE LITIGATION - FOSTER LAW FIRM, L.L.P. Alabama Furniture Fire Cases Foster Law Firm, L.L.P. was associated as counsel for plaintiffs by Alabama counsel in a furniture flammability action against furniture manufacturers La-Z-Boy, Inc., England, Inc. of New Tazwell, Tennessee, and Rent-A-Center, a consumer lease to own company in a case removed July, 2002 to the U.S. District Court for the Northern District of Alabama, Case No. CV-02-S-1728 NE and CV-02-H-1729-NE, and involving the deaths of twin children and serious injuries to their mother from a June 14, 2000 fire which occurred when a candle fell from a wall sconce to the floor igniting a sectional sleeper sofa containing large quantities of non-fire retardant polyurethane foam both in the sofa and mattress. The highly flammable foam accelerated the fire rapidly, causing the injury and deaths. The occupants initially tried to fight the small fire without success as it rapidly grew to dramatic proportions, releasing thick dark toxic smoke and gases. The case settled in September 2003. Foster Law Firm, L.L.P. was associated in April, 2001 by Alabama counsel in a furniture flammability action against Style Line Furniture Company of Tupelo, Mississippi. The April 13, 1998 fire resulted in the deaths of four (4) children, as well as serious burn injuries to their mother. The suit alleges the fire, which began in the Style Line sofa, and accelerated by the extremely flammable materials of construction, caused the injury and deaths. The parties reached a confidential settlement of the case in April, 2002. Back to top Georgia Furniture Fire Case Foster Law Firm, L.L.P. was associated by Georgia counsel in a furniture flammability case on behalf of the plaintiff, alleging excessive flammability of an upholstered couch which was ignited from an electrical source and due to highly flammable components of construction, accelerated the resulting fire and smoke by-products causing severe burn injuries and extensive smoke inhalation injuries. The case is pending in Bibb County Superior Court, and styled Helen Swain vs. Macon Trading Post, Inc., Mike Faulkner, d/b/a Faulkner Furniture Company, Houston Furniture Supply and Superior Product Sales, Inc., 01-CV-14937 and was brought against the retailer (Macon Trading Post), furniture manufacturer (Faulkner Furniture Company), polyfoam supplier (Houston Furniture Supply, Inc.) and polyfoam manufacturer (Superior Product Sales, Inc.). The case was filed November, 2001 and was resolved in 2004. Back to top Kentucky Furniture Fire Case Foster Law Firm, L.L.P. was associated by Kentucky counsel in a case on behalf of the husband of his 24 year old wife and the estates of three (3) young children who perished in a residential home fire involving a Berkline sectional sofa manufactured by the Berkline Corporation, a wholly owned subsidiary of Lifestyle Furnishings International, LTD and purchased/leased from Rent-Way, Inc. The sofa was ignited on May 29, 2000, by a child playing with a cigarette lighter. The fire accelerated quickly to dramatic proportions as a result of the flammable materials of the sofa's construction, causing the deaths of these individuals. The amended complaint was filed December, 2001 in Jefferson Circuit Court and the case is styled Scott Logsdon, Individually and as Administrator for the Estates of Leslie Hibbs, Faith Hibbs, Destiny Hibbs and Forrest Hibbs vs. The Berkline Corporation, Lifestyle Furnishings International, LTD, Rent-Way, Inc., et al., C.A. No. 01-CI-03640. The case was resolved in 2005. Back to top South Carolina Furniture Fire Case In May 1999, Foster Law Firm reached an out of court settlement in an upholstered furniture fire case on behalf of the estate of a 26 year-old female who was killed as a result of a residential home fire and her 28 year-old husband who was burned over 85% of his body while trying to rescue his family from the burning home. Motts v. Mohasco Upholstered Furniture Corp., Civil Action Numbers 97-CP-42-1460; -1461; and -1462 (click here for full case summary, and see also, CBS TV "Extra" and our Video Fire Gallery CPSC Report shows 43% decline in deaths from lighter fires. Back to top FIRE RETARDANT CHEMICALS NRC Health Risk Study of Fire Retardant Chemicals In 1993, the National Association of Fire Marshals petitioned CPSC to issue a performance based flammability standard for residential upholstered furniture to reduce the risk of residential fires. If promulgated, most residential upholstery fabric would be back coated or treated with flame retardant (FR) chemicals. In 1999, CPSC commissioned the National Academy of Sciences National Research Council (NRC) to conduct a study concerning health risks posed by exposure to FR chemicals that are likely to be used in residential upholstered furniture, identifying sixteen (16) separate chemicals. The study was completed and the results were released in the summer of 2000. The NRC found that the following FRs could be used on residential furniture with minimal risk, even under worse case assumptions: CALIFORNIA BANS USE OF TWO FIRE RETARDANT CHEMICALS AFTER 2008 Gray Davis (governor), before leaving office, signed a law August, 2003, banning the use of two fire retardant chemicals after 2008. They are two members of the bromide flame retardant group, PBDE's, namely "Penta" and "Octa" chemicals, additives used in a variety of products in our environment. Pentabrome has been used as a fire retardant for polyurethane in the U.S., along with many other flame retardant chemicals and systems. Alternate technologies are available. There are no known cases specifically linking these fire retardant chemicals in fire retardant polyurethane foam to any health problems. No study suggests that the incidents are any greater in California than other states, which is significant, since fire retardant chemicals have been used in upholstered furniture in California since 1975, the only state regulating residential upholstered furniture flammability. Hickory Springs Vice President, Bobby Bush, discusses his company's plan to use alternative fire retardant chemicals in its fire retardant polyurethane foam 11-4-03. See http://pfa.org/pub "THE STATION" nightclub fire in Providence, Rhode Island February 20, 2003, killed 100 people. It has been blamed on excessive flammability of polyurethane foam, the type used in upholstered furniture. See www.projo.com/sharedcontent/east/foam/partone.html for an in depth look at the flammability problem with polyurethane foam in this four part series in The Providence Journal, by G. Wayne Miller and Peter Lord. Back to top UPHOLSTERED FURNITURE INDUSTRY CONCEDES FLAMMABILITY REGULATION A REALITY The CPSC held one of many public meetings September 24, 2003 concerning the issue of upholstered furniture flammability. The industry seems to have come to grips and recognized the problem. Furniture makers and component suppliers are setting forth alternatives to make upholstered furniture less ignitable and less flammable, realizing that, like it or not, something is going to be done. The end result is not clear, although recommendations have been made to offer manufacturers alternatives to comply with any new flammability regulations, including the use of fire retardant fabric backcoating treatments, use of fire resistive barrier materials between fabric and foam, designed to protect or delay ignition of flammable filling materials beneath, as well as flammable foams and filling materials. Hopefully significant positive improvements in flammability are around the corner and at a minimum, will include requirements for reduced post ignition fire growth rates. Senator Fritz Hollings proposes upholstered furniture flammability regulations in Congress, October 30, 2003. See American Home Fire Safety Act. Back to top Gas Fired Appliances The CPSC, August 12, 1999, awarded the Chairmen's Commendation to the American Water Heater Company for a technology that prevents gas water heater flammable vapor flashback ignitions which currently cause nearly 2,000 fires per year with resulting death and injuries. The design, presented as the Flame Guard TM Safety System, restricts the flame, preventing it from flashing out from the water heater in the presence of flammable vapors. It was to become available to the consuming public in late 1999. Back to top Flammable Clothing A jury awarded $20 Million Dollars in favor of a university laboratory technician whose 65% polyester/35% cotton blend lab coat caught fire from burning vapors from chemicals she was mixing for student use. Her medical expenses were approximately $200,000.00 and she missed a year of employment at $25,000.00. She sued the manufacturer of the coat alleging that the material used was highly flammable and that the use of the blended material prevented the fabric from falling apart, allowing the melting polyester to be kept closer to the skin, increasing the extent of her burns and scars. Weigl v. Quincy Specialties Company, NY, New York County Sup. Ct., No. 18321/92, December 8, 2000. On December 9, 1999, The Gap recalled 231,000 pairs of children's polyester pajamas, Style Numbers 353558, 353554, 733002, 733032, 466291, and 674060, when the pajamas failed to meet children's sleepwear flammability standards. 2) Skivvydoodles - A new 100% cotton Flame retardant fabric for use in childrens sleepwear, sold by Target , Gymboree , L.L. Bean at $26 - 38 per set maintain cpsc sleepwear flame test requirements after 50 machine washings. The CPSC has launched "Operation SOS", or Safe Online Shopping. The CPSC investigators will monitor the internet for possibly dangerous and illegal consumer products according to chairperson Ann Brown. The investigators will pose as online consumers, will use computers and telephone lines that cannot be traced to CPSC or other governmental agencies, and use non-governmental credit cards and shipping addresses. Once the items purchased are delivered, they will be examined for compliance with Federal safety standards. Dangerous products already discovered in this fashion include flammable children's sleepwear. Eddie Bauer has recalled 2,000 "Made in USA" men's sweatshirts, Items 1313 or 1249, as they raise significant flammability concerns. 1-800-426-6253. Henlow USA, Inc., New York, recalled 2,100 ladies' robes. Five styles were recalled due to flammability concerns. 1-800-889-7443. The William Carter Company of Morrow, Georgia, is recalling 1,000 girls' nightshirts after finding that they could ignite easily, causing burn injuries. They are made with 100% polyester fabric with a pattern of brown bears wearing pink pajamas, and the words "p.j. bear" printed on a white background. Identification code (GPU CF9761). Call 1-888-339-2129 for instructions on returning them. August, 2000. Back to top Futon Flammability Recall The Standard Mattress Co. of Hartford, Connecticut, recently recalled 47,000 futons because the fire retardant boric acid was not evenly distributed and the futons failed the cigarette ignition test. Standard agreed to pay a civil penalty of $60,000.00. The CPSC reports that Standard also failed to test and keep proper records. Back to top Flammable Playpen A Sioux Falls, South Dakota, family whose infant son was disfigured in a playpen fire, brought suit against the manufacturer and retailer of the product, a Cosko Corporation Play Pads Model 18361, sold by Kolcraft Products of North Carolina to the plaintiffs in 1991. The suit alleges that the playpen had a pad filled with flammable polyurethane foam covered with vinyl which, on January 12, 1992, caught fire and engulfed 11 month-old Daniel Boone in flames. The suit claims the companies failed to warn consumers that the product had flammable material, asks the court to order the companies to stop selling playpens with flammable polyurethane padding, and seeks damages. According to counsel, the case is headed for trial in late 2000. Peggy J. Boone, as GAL of Daniel Boone v. Cosco Corporation, et al., Civ. No. 97-972616, County of Minnehaha. Back to top Smoke Detector On February 11, 1998, an Iowa jury returned verdicts for $8.8 million compensatory damages and $12.5 million punitive damages against Pittway Corp. and BRK Brands, Inc., in a multiple death and burn injury case alleging a product defect in a BRK Brands Model 83R battery powered ionization type smoke detector in the plaintiff's apartment which did not alert the plaintiffs to the fire. This smoke detector has also sold under the names "First Alert", "Family Guard", and "Wake and Warn". BRK Brands, Inc., is a subsidiary of First Alert, Inc. The plaintiffs claimed that ionization detectors tend to respond slowly to smoldering fires and quickly to flaming fires when compared to photoelectric type detectors, and plaintiffs' claimed that ionization type detectors were defective if sold and installed as the only smoke detection device. The plaintiffs also presented at trial 400 complaints from customers categorized by the defendants as "no response to smoke". Back to top Treble Damages In Products Cases Rep Robert Andrews (D-NJ) introduced HR3459 in November 1999 which would mandate recovery of treble damages in products liability actions in which the product is not in compliance with a voluntary or mandatory CPSC standard. The bill was referred to the Judiciary Committee and the Commerce Committee. This bill was referred to the House Subcommittee on Telecommunications, Trade and Consumer Protection, December 3, 1999. Back to top
Halogen Floor Lamp Fires Halogen Torchiere style floor lamps have a high temperature 500 watt halogen bulb operating in a shallow bowl mounted atop a six foot pole. The CPSC determined in 1997 that these lamps may have been responsible for 189 fires since 1992. The CPSC, together with Underwriters Laboratories and the industry took steps to require a reduced 300 watt bulb covered by a glass or wire guard to reduce the risk of fire. The industry provides the guards free of charge to consumers. (1-800-985-2200) Back to top
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