|
dangerous flammable hula skirt causing severe 3rd degree burns
This action involved a tragic incident wherein Plaintiff sustained 3rd degree severe
burn injuries because Defendant manufacturer knowingly sold a hula skirt to Plaintiff that
was not made from suitable fabric and possessed extraordinary characteristics of
flammability.
In 2003 Plaintiff was hosting a “luau theme” birthday party for her boyfriend. During
the party, while Plaintiff was showing her apartment to her friend her hula skirt burst into
flames simply because she walked passed by a candle on the floor, next to the door
leading into her room. Plaintiff attempted to pat down the fire with her bare hands, but she
was unable to do so since the hula skirt had engulfed in flames within a matter of seconds.
Plaintiff then ran into her bathroom to to put out the fire by splashing water on the skirt
from the bathroom sink but such attempt failed as well. Plaintiff even attempted to untie
the hula skirt but the fire had rapidly reached her’s waist, burning the waist band into her
waist thereby making it difficult to untie the skirt. Plaintiff was finally able to put out the fire
when her friend pushed Plaintiff into the shower and turned the water on, at which point
the fire had already reached Plaintiff’s buttocks/waist area.
Despite such reconstructive procedures, Plaintiff’s doctor diagnosed Plaintiff with
late effects of third-degree burns and noted that her scars were relatively extensive and
permanent. Plaintiff continued to suffer everyday as a result of the extensive scarring. The
scars caused her pain, limitation of motion and embarrassment. In addition to suffering
from the scarring, Plaintiff had been advised by her Doctor to limit her activities that require
strong or forceful gripping or torqueing with her right hand and to avoid working in the sun
or near high heat.
Plaintiff’s retained expert who was a world renowned and respected garment
flammability expert in the world opined that based on testing of the subject hula skirt,
Plaintiff’s hula skirt sold by Defendant manufacturer and/or retailer was defective and
unreasonably dangerous because:
- It ignited easily, almost instantaneously when contacted by a small open flame;
- It burned rapidly and intensely, particularly in a vertical orientation- the normal
direction of wear;
- Testing of the skirt on a mannequin showed almost explosive flammability. A
person wearing such garment would have no opportunity to remove the paper
garment prior to sustaining serious burn injuries; and
- Defendant failed to provide any warning about the flammability dangers of the skirt
should it come into contact with small open flames, such as matches, candles, or
similar ignition sources.
* Results may vary depending on your particular facts and legal circumstances. Because every case is different, the descriptions of awards and cases previously handled are not meant to be a guarantee of success.
|
