Foam Manufacturers Pay $30 Million To Settle Product Liability Lawsuits
Several foam manufactures have agreed to settle for $30 million with families of victims of a 2003 Rhode Island nightclub fire that killed 100 people and injured 200, an article in Newsday reported. Egg-crate-style foam on the walls and ceiling of the club has been blamed for fueling the fire, which was sparked by a fireworks display for a rock band at the club.
The lawsuits allege that the defective product that was sold did not have any flame retardant chemicals and produced “unreasonably dangerous toxic smoke and gases” when ignited. The lawsuits also said that the foam was sold even after the manufacturers knew that polyurethane foam was known in the industry as being flammable and not safe in places such as hotels and nightclubs. Plaintiffs’ attorneys also alleged that the foam companies did not test their foam before selling it and did not create awareness among users or warn them adequately about the hazardous material.
The settlements now total to more than $100 million. The most recent settlements must be approved by hundreds of victims who have sued the foam companies for the defective products as well as a federal judge who is overseeing the case. A law professor from Duke University has also been appointed to meet with survivors and victims’ families to determine how much compensation each would receive under the settlements. Those amounts will depend on the extent of the burn injuries and loss suffered by each of the victims and their families.
Deceptive or misleading marketing, design defects and manufacturing defects can pose threats of serious injury or death to innocent consumers and this case is a classic example of that fact. One hundred families lost loved ones and 200 people suffered serious burn injuries because these foam companies failed to inform their buyers about the inherent dangers of using this defective material in their establishments. Had the companies worked on creating more awareness about these dangers, or better yet, made their products safer by making them fire resistant.
If you or a loved one has been the victim of a product defect or have suffered injuries because of the negligence of a product manufacturer, you may be entitled to compensation. The manufacturer may be held responsible for damages, loss and injuries caused by such defective products. Call the experienced New York product liability attorneys at Wingate, Russotti & Shapiro LLP. for a free and comprehensive consultation.
