Each year, the Consumer Product Safety Commission recalls thousands of items of clothing, shoes, jewelry, and luggage because of design or manufacturing flaws that pose a safety threat to users. However, most consumers are unaware of these dangerous product recalls until they suffer an injury or illness and look into connections between the product and the harm they experienced.
At Buttafuoco & Associates, our New York product liability attorneys are experienced in taking on big corporations and fighting for the rights of consumers who have suffered injuries because of defective products of all types, including the clothing you put on your body each and every day.
If a dangerous product caused harm to you or someone you love, we will review your case and inform you of your rights for free. Call us at 1-800-NOW-HURT to schedule your free consultation today.
How can clothes and accessories be dangerous and cause injury?
When designers create apparel and accessories using dangerous components, every piece of clothing or accessory made could pose a threat to its user. Severe burns, choking, poisoning, allergic reactions, and strangulation are just a few of the serious consequences of a defective article of clothing or accessory.
Some of the defects that are likely to cause injuries include:
- High flammability/materials that claim to be flame-retardant but are not – both natural and synthetic materials can rapidly ignite
- Use of caustic or toxic chemicals during the manufacturing process
- Small components (buttons, charms, etc.) that can easily fall off and pose a choking hazard
- Strings or straps close to the neck that can cause strangulation
If you have suffered harm due to one of these defects, it is well within your rights to seek legal counsel to determine whether you have a case. Big manufacturers sometimes fail to do their due diligence when testing products, and if their negligence has resulted in your injuries, they may be liable for a variety of compensable damages.
Common hazards related to clothing and accessories
Burns are one of the most common injuries related to defective clothing. In fact, the high incidence of burns led the U.S. Government to enact the recently-expanded Standard for the Flammability of Clothing Textiles.
In recent news, the Consumer Product Safety Commission issued a recall warning consumers that CowKid Clothing Company children’s pajamas posed a risk of burn injury or death. Even seemingly innocent elements like tassels, fringe, or fuzzy surfaces such as fleece can quickly spread fire. Some synthetic materials can also melt onto the skin if they catch fire, worsening burns. In many cases, you may have a lawsuit.
Another new risk in the age of “fast fashion,” where low-quality clothes and accessories are cheaply produced, is toxicity. Studies have linked cheaply manufactured clothing to several cancer-causing toxins. Heavy metals found in dyes, antimicrobial substances that result in bacterial resistance and infection, and fibers contaminated with microplastics are just a few of many causes of concern.
Potential Chemical Health Risks of Clothing and Accessories
Research is still in its early stages, but several chemicals commonly found in clothing and accessories have been linked to serious diseases and health problems, including:
- Formaldehyde: A carcinogen that creates wrinkle and stain resistance. It can cause skin, throat, or lung irritation.
- PFAS (Per- and Polyfluoroalkyl Substances): Commonly found in water- or stain-resistant fabrics and linked to cancers, liver damage, and developmental issues.
- Azo Dyes: Carcinogenic dyes that can result in skin and eye irritation
- Phthalates: Commonly found in synthetic fabrics, and linked to reproductive issues, ADHD, and diabetes.
- Heavy Metals: Lead and cadmium are often used in dyes and can cause harm to the nervous system
Always check the materials used in the production of your clothing or accessories, and wash your new clothes before wearing them. If you believe you have suffered a reaction or serious illness due to the chemicals above, get in touch with a Buttafuoco & Associates product liability lawyer in New York.
Who is responsible for the harm caused by defective clothing and accessories?
After experiencing an injury or sickness because of an unsafe article of clothing or accessory, you have the right to seek financial recovery for your medical bills and other losses. The amount and types of damages you may be awarded depend on the extent of your injuries and your ability to prove the designer or manufacturer of the product acted negligently, which resulted in harm.
You or your loved one may be entitled to compensation for:
- Lost wages and earning capacity
- Permanent scarring or disfigurement
- Brain damage
- Pain and suffering
- Wrongful death
You might also be entitled to punitive damages if the designer or manufacturer is found to have been grossly negligent in the production of the clothing article.
How can a New York product liability lawyer help me?
Substantial amounts of evidence are required to successfully file and win a claim against a clothing or accessories designer or manufacturer. A New York product liability attorney at Buttafuoco & Associates can help you identify the cause of your injury and the responsible party.
In any situation where clothing or accessories cause the wearer harm, the injured party must prove they used the item correctly.
For example, if a person wearing steel-toe boots knowingly places their foot in a hydraulic press to test the boot’s strength, they would be liable for the resulting injuries.
Corporations employ a team of attorneys whose only mission is to settle defective product claims for as little as possible if at all. For this reason, it is wise to trust your case to experienced legal professionals who know how to present a strong case to the insurance companies and get maximum compensation.
As part of our firm’s investigation of your case, we will work to:
- Collect evidence showing why the product was dangerous and whether negligence contributed
- Gather photos and video of your injuries
- Ascertain documentation of injuries from your physicians
- Work with industry experts who can testify on your behalf as to the nature and impact of your injury or illness and confirm the defects or dangerous components of the product that caused you harm.
Speak to a New York Product Liability Attorney for Free
The award-winning attorneys at Buttafuoco & Associates want to make the claim process easy on you, starting with a free, no-obligation consultation. We help families recover damages and ensure that no one else has to suffer injury because of dangerous clothing.
Call us at 1-800-NOW-HURT to schedule an appointment today.