Fireplaces exist in many homes across the United States, but what happens when they cause substantial property damage or serious harm? The US Consumer Product Safety Commission issued a statewide recall of three models of gas fireplaces manufactured by Hussong Manufacturing and American Flame only last week. According to the CPSC, the primary control module can enable gas to be discharged and accumulate in the burner area, providing an explosion threat and resulting in at least nine cases of property damage and burn injuries. Hundreds more incidents could not have been reported to the appropriate authorities. Talk to a Waterbury personal injury attorney to learn more.
Defective products and consumer rights
Our defective product litigation firm is currently researching claims involving improperly designed or built fireplaces, resulting in substantial fire/property damage and, in some cases, bodily injury. If you own any of the products listed below, you should take care to avoid serious damage.
Recalled product lawsuits
In general, a victim of a defective product can prove the existence of a defect in three ways.
- A flaw in the consumer item’s initial design
- Defect induced by improper item production.
- A labeling flaw or a failure to appropriately warn customers of all known and/or knowable dangers associated with the product’s use.
Victims of Physical Injury Caused by a Defective Product May Be Entitled to Compensation
Victims of physical injuries caused by a defective product can seek financial reimbursement for all damages sustained. In such instances, the following sorts of damages are recoverable:
- All medical and healthcare expenses.
- Future healing and rehabilitation care costs.
- Compensation for lost salaries lost future earnings, and other economic losses.
- Recovery of non-economic damages such as mental anguish and pain and suffering.
- Punitive Damages: In some cases, courts have permitted the appropriation of punitive damages for those harmed. Punitive damages may be awarded when the at-fault party acted maliciously to cause harm or negligent disregard for the consumer’s health and life.
- Property Damage Liability: You may be entitled to compensation if your home has been harmed due to a defective fireplace. A claim for damages will be entertained when severe property damage occurs.
Although recent measures have been taken to protect customers from potentially hazardous conditions that could result in third-degree burns, this does not absolve manufacturers of product liability. Manufacturers and dealers should and will be held accountable for putting a highly dangerous product into customers’ homes. Hundreds of people, including infants and toddlers, are still dying due to the high heat created by glass-front gas fireplaces.