Flammable Fabrics – Don’t get burned twice!

Many people are burned by flammable garments each year. Some victims of these defective products are “burned” a second time, when they entrust their cases to lawyers who advertise, but do not know what they are doing.

One of the ways these lawyers can ruin a meritorious “Flammability case” is by failing to preserve the evidence and “chain of custody.” In other words, if the remaining nightgown is lost, destroyed or tampered with, the Defendant manufacturer, seller or supplier may be able to avoid responsibility. While in the Florida State Attorney’s office, I learned to secure evidence, label its origin, and if anyone took possession of it from me, I got them to sign and document that as well so that we could later show where the evidence was every step of the way through trial. It is also important in many jurisdictions to put the manufacturer and the retailer on notice.

In past cases, I have advised them of my intentions and invited their participation. We have filmed the change in custody of the evidence, and I recommend high-speed film for flammability testing. I also invite local governmental entities to observe, and film the proceedings so that no one can accuse me or my staff of tampering or not sharing the evidence with the others. There are many things that must be done promptly in a product liability case. Delay or failure to follow the correct protocol can be fatal to these difficult cases. At ABRAMS LANDAU, Ltd., we investigate promptly, invest time, effort and money and let potential clients know if we will be able to help them. As our Herndon Reston area injury and disability law firm, we understand that time is of the essence and that preservation and analysis of the evidence can make or break a case.