November 6, 2009

Products Liability: Two Families Sue for Wrongful Deaths of Loved Ones Fatally Burned While Wearing Flammable Bathrobes

Last month, two wrongful death lawsuits were filed by plaintiffs whose loved ones died tragically when the chenille bathrobes they were wearing caught fire. Bathrobe manufacturer Blair Corp. is the defendant named in both complaints.

Atwilda Brown, was making tea when the catastrophic accident happened. She called 911 for help but died from her injuries. The cause of death on her death certificate is “from clothing catching on fire,” says her daughter Sharon Davis. Brown’s family is suing the clothing manufacturer for $30 million.

In another tragic burn accident, 81-year-old Evelyn Roguff and her 83-year-old husband Murray died when the sleeve of the robe she was wearing caught fire on the electric burner of her stove. Murray was burned while trying to save her. The couple would have been married 50 years by now. Their family is suing Blair Corp. for $1.9 million.

At least nine deaths have been linked to the flammable bathrobes. Most of the victims were older people. Five of the people that died were women. In the last seven months, 300,000 of the Blair Corp. robes have been recalled over safety concerns.

Clothing must meet specific safety standards. Defects can lead to tragic accidents, including choking accidents, strangulation accidents, and burn accidents.

All clothing sold in the US must meet the requirements of the Flammable Fabrics Act. Highly flammable clothing can prove tragic for the person wearing the dangerous fabric. Highly flammable clothing that causes North Carolina injury or death is a products liability.

Bathrobe company sued in deaths of elderly Oceanside couple, October 28, 2009

Family Sues over Connecticut Woman's Bathrobe Fire Death, Insurance Journal, October 30, 2009


Related Web Resources:
Blair Expands Recall To All Women’s Chenille Apparel Due to Burn Hazard; Additional Reported Deaths Prompt Re-Announcement of Robe Recall, CPSC, October 22, 2009

Flammable Fabrics Act

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October 23, 2009

Goldsboro Driver Sustains Burn Injuries in Fayetteville, North Carolina Truck Crash

As of yesterday, a Goldsboro tanker-truck driver who sustained burn injuries from a Fayetteville, North Carolina truck accident on Interstate 95 on Monday night remains in critical condition.

Frankie Graves is in Chapel Hill at the N.C. Jaycee Burn Center. The 54-year-old trucker sustained burn injuries on 40% of his body. According to North Carolina state troopers, the fuel tank of Graves’s tanker truck was punctured when the the vehicle struck the guardrail after crashing into a semi-truck that had stopped abruptly to avoid hitting the driver of a pickup truck that had run out of gas.

Graves reportedly jumped out of his cab with his clothes burning. Another man rolled him in the median to put out the fire.

Burn Injuries
Burn injuries can be very painful and they can take a long time to treat and recover from. This can require costly surgeries, skin grafts, physical therapy, and psychological counseling. There may even be internal damage and permanent physical disfigurement. The burn injury victim may no longer be able to work, which makes the need for financial recovery if someone was liable for the injuries even more of a priority.

There is the misconception that passenger vehicle occupants are the only ones that get hurt in North Carolina truck crashes. Truck drivers do get hurt and sometimes it is because of the negligence of another trucker, the driver of a passenger vehicle, a trucking company, a truck manufacturer, or another liable party.

While injured truck drivers are likely entitled to North Carolina workers’ compensation recovery, there also may be third parties that can be held liable.

Burned tanker truck driver still in critical condition, FayObserver, Oct 22, 2009

I-95 tanker accident still causing issues hours later, News 14, October 20, 2009

Related Web Resources:
Traumatic Brain Injury, Medline Plus

Federal Motor Carrier Safety Administration


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