Madeline Lee Bryer, P.C. – Attorneys at Law Victim Rights Madeline Lee Bryer, P.C. – Attorneys at Law Victim Rights Madeline Lee Bryer, P.C. – Attorneys at Law Victim Rights Madeline Lee Bryer, P.C. – Attorneys at Law Victim Rights
representing victims of crime, lead poisoning, scald burns and other serious injuries representing victims of crime, lead poisoning, scald burns and other serious injuries representing victims of crime, lead poisoning, scald burns and other serious injuries
VIOLENT CRIME - Madeline Lee Bryer, P.C. – Attorneys at Law Victim Rights
LEAD POISONING - Madeline Lee Bryer, P.C. – Attorneys at Law Victim Rights
BURN INJURIES - Madeline Lee Bryer, P.C. – Attorneys at Law Victim Rights
SERIOUS INJURIES - Madeline Lee Bryer, P.C. – Attorneys at Law Victim Rights
SCHOOL VIOLENCE - Madeline Lee Bryer, P.C. – Attorneys at Law Victim Rights
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Serious Burn Injuries

Serious burn injuries are among the most painful experiences a person can have. Second and third degree burns often require skin grafting and result in scarring. The majority of serious burn injuries are caused by scalding water or flammable fabrics.

In the United States, more than 112,000 people are treated in emergency rooms with scald burns. Almost 3,000 are caused by tap water. In New York, landlords are required to provide heat and hot water. They are also under a duty to prevent tap water from coming out of the faucet at a scalding temperature. A child exposed to tap water of 140°F for three seconds will be at risk of third degree burns that require hospitalization and skin grafting. In order to prevent this, landlords are required to maintain safety controls to regulate the temperature of domestic hot water. The failure to do this can cause serious injury and subject the landlord, the boiler maintenance company, and others to be held responsible.

Other serious burns can result from flammable fabrics. Untreated cotton is the most flammable fabric. Untreated cotton retains the gases and then suddenly lights up like a torch. Because of horrible incidents of children being burned in untreated cotton pajamas, the laws now require fabric to be treated in compliance with the Flammable Fabrics Act. Many clothing products fail to comply with these standards. Because the standards are so low, cases can also be brought against the people and/or companies that distrubuted the clothing for failing to comply with standards in the industry.

The general Flammable Fabric Act flammability restrictions that apply to all clothing are based upon three different flammability standards. These standards are set forth in the Code of Federal Regulations (CFR) at 16 CFR 1610, et seq. The regulation starts out by classifying clothing into different categories:

Class 1 -- ""Normal Flammability"": This has ""no unusual burning characteristics"", and includes two subcategories:

a) textile without raised fiber surface that when tested for flammability the ""flame spread"" takes 4 seconds or more; and

b) textiles having a raised fiber surface that when tested either (1) has a ""flame spread"" of at lest 7 seconds or (2) when they burn with a rapid surface flash (under 7 seconds) the ""intensity of the flame is so low as not to ignite or fuse the base fabric.""

Class 2 -- ""Intermediate Flammability"": textiles having a raised-fiber surface that when tested has a ""flames spread"" of between 4 to 7 seconds, and the intensity of the flame is sufficient to ignite or fuse the base fabric.

Class 3 -- ""Rapid and Intense Burning"": ""textiles that are dangerously flammable and recognized by the trade as being unsuitable for clothing,"" and includes two subcategories:

a) textiles free from raised-fiber surface that when tested ""flame spread is less than 4 seconds;"" and

b) textiles having a raised fiber surface that when tested ""flame spread is less than 4 seconds and when the intensity of the flame is such as to ignite or fuse the base fabric.""

Class 3 flammable clothing is illegal to sell under almost all consumer sales situations, and Class 2 flammable clothing may be illegal to sell for certain types of apparel and in certain limited contexts. In addition to these classifications, there are the aforementioned additional criteria for children's sleepwear, which is based upon more stringent tests.

If you or someone you know has been burned because of improperly treated fabric, call MADELINE LEE BRYER, PC or use the simple email box on the home page.

 

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