Philadelphia Products Liability Lawyers
Flammable clothing can cause serious and permanent injury or even death. If the victim’s clothing caught fire as a result of being highly flammable, a lawsuit can be filed against the parties who were involved in the chain of distribution, the person who started the fire or the company that sold that product responsible for starting it.
To recover for injuries suffered as a result of high flammability of clothing, the injured party or victim must prove:
- The clothing was unsafe and unreasonably dangerous because it was highly or unusually flammable
- The defect in the clothing was the cause of the victim’s injuries
- The wrongdoer sold the clothing or the fabric from which the clothing was made
- The unsafe condition in the clothing or fabric existed at the time of the sale by the manufacturer, distributor or seller
- The wrongdoer—whether the manufacturer, distributor, or seller of flammable clothing—was engaged in the business of selling the clothing or fabric
Here are some questions you may have:
Do I need a lawyer?
Yes. Even if the insurance company or the supplier were to contact you, you should speak with a product liability lawyer. When you or a loved one is injured, do not look at the insurance company or the clothing manufacturer as your friend. They are not looking out for your best interests. They are looking out for their own interests, which is to save as much money as possible. But you want to be fully and fairly compensated for the injuries sustained. That is why you need our Philadelphia personal injury law firm to represent you so we can negotiate the best possible settlement for you.
Who can I sue for injuries or death by clothing fire?
You can sue the fabric manufacturer, distributor, or retailer where the fabric was purchased and later sewn into wearing apparel.
Is there a potential claim against parties other than those involved in the chain of distribution of the clothing?
Yes. The person who started the fire or the company who sold the product responsible for starting the fire may also be liable.
Should I speak to the representative of the clothing distributor or the insurance carrier?
If you are contacted by the insurance company or clothing distributor you should contact our firm. In some cases, you may speak with the insurance company or distributor of the clothing, but you should not make that decision until you discuss the matter with our Philadelphia products liability lawyers beforehand.
How long do I have to file a claim against the manufacturer of the clothing or the person that caused the fire?
In every state there is a statute of limitations. This means you must file a claim within a certain time period or your claim will be forever barred. In Pennsylvania and New Jersey, the statute of limitations is two (2) years. You should contact us if you have any questions regarding how long you have after the injury or death to file a claim. We can tell you the statute of limitations in every state. If you are going to use a lawyer, it is important for the lawyer to be retained as soon as possible so a timely investigation can be conducted. Timely investigations are important because as time goes by, witnesses’ memories become hazy or you may lose track of them. For example, without proper instruction you may discard damaged clothing. Damaged clothing should always be saved. Specific testing will reveal the quality of any fire protection that was added to the fabric. In addition, a prompt investigation should be done in the environment where the accident occurred because conditions often change.
Does the fact I do not have the flammable clothing prevent me from pursuing a case?
No. If you can trace the manufacturer of the garment, you can discover the condition of the fabric when it was sold to determine if it was highly flammable and unsafe. Our attorneys are able to access the same fabric and obtain records regarding its production, which caused the injury. Same or similar fabric testing will disclose the flammability qualities. This information will permit you to decide whether to pursue a claim.
Contact the Experienced Philadelphia Products Liability Lawyers at Galfand Berger
Our Philadelphia personal injury law firm is experienced in representing victims of serious injury or death due to the unsafe clothing. We are happy to answer any questions and review your case for free. Please call us at 1-800-222-USWA (8792) or complete our short contact form and a member of our firm will contact you.
With offices in Philadelphia, Lancaster, Bethlehem and Reading, we serve clients throughout Pennsylvania and New Jersey. And, remember, there is no fee unless we recover for you.