Flammable Bath Robes Recalled

George Fusner

Attorney
(866) 735-1102 Ext 630

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The CPSC posted a recall of bath robes that catch fire. It stated "

The U.S. Consumer Product Safety Commission (CPSC) and Blair LLC, of Warren, Pa., are re-announcing the voluntary recall by Blair of 162,000 women’s full length Chenille Robes. Since the recall was originally announced in April 2009, Blair has received reports of six deaths due to the robes catching on fire. Five of the six victims were female, and all five were cooking at the time of the incidents. Three of the victims were in their 80s.

It also recommended that "

CPSC and Blair once again urge consumers to stop wearing the garments immediately and contact Blair LLC for information on returning the robe and to receive a refund or a $50 gift card for Blair merchandise. Contact Blair toll-free at (877) 392-7095 between 9 a.m. and 9 p.m. ET Monday through Saturday, visit the firm’s Web site at www.blair.com/recall, or contact the firm by e-mail at blairproductrecall@blair.com

However, DO NOT follow that advice if you or a loved on has been burned by this defective product. You will need the original robe to pursue any claims for injuries.

This type of case is called a products liability case. In Tennessee you have only one year from the date of the injury to file suit. Tennessee's product liability statute states:

"A manufacturer or seller of a product shall not be liable for any injury to a person or property caused by the product unless the product is determined to be in a defective condition or unreasonably dangerous at the time it left the control of the manufacturer or seller.

Were these robes in a defective or unreasonably dangerous condition when they left the manufacturer? Absolutely.