Ishtex Textile Products Recalls Children’s Nightgowns due to Federal Flammability Standard Violation and Burn Risk

On February 27, 2020, Ishtex Textile Products issued a recall for their Just Blanks children’s nightgowns. According to the recall, number 20-082, the nightgowns do not meet federal flammability standards for children’s sleepwear; this results in a risk of burn injuries to children. The recall includes approximately 450 units.

The recall specifically involves the Just Blanks-branded nightgowns available in two prints (birthday and elephant) and in size 12 months through size 12. The nightgowns are 92% cotton and 8% spandex. The nightgown with the birthday print has a blue trim (on the bottom and on the sleeves), while the nightgown with the elephant print is pink. Both “Just Blanks” and tracking number 20190329 can be found printed on the sewn-in neck label.

The defective children’s nightgowns were sold in children’s boutiques around the nation from August 2019 through December 2019; the nightgowns were approximately $30 each.

According to Ishtex Textile Products, no incidents or injuries have been reported. The company is urging consumers to immediately take the recalled nightgowns away from children; the company is also offering full refunds.

Although the company claims that no injuries have been reported, it is possible that there have been a number of unreported incidents and injuries associated with the defective nightgowns. Was your child harmed because of the recently recalled nightgowns? If so, you should never even consider the possibility of accepting a refund from the company; rather, you should explore the possibility of taking legal action against the company that contributed to the harm that your child suffered.

Could you sue Ishtex Textile Products for the harm that your child suffered? Because the company violated the federal flammability standards for children’s sleepwear, the company could be liable. If you would like to learn more about your right to pursue a claim against the company that contributed to the harm that your child suffered, do not hesitate to seek legal assistance with our experts at your earliest convenience.

At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims – including product liability claims. If your child was harmed by a defective product, you might have grounds to file a product liability claim and you should seek legal assistance with the experts at our firm at your earliest convenience. Our lawyers are ready to evaluate your claim and guide you towards a successful claim outcome.

Understanding Federal Flammability Standards for Children’s Sleepwear

From 1942 to 1954, over one-hundred families were affected by flammable children’s apparel. Specifically, the Gene Autry cowboy suits, for boys and girls alike, were so flammable that the material violently ignited as soon as it came into contact with a flame or spark; children were covered in flames in just seconds.

In 1953, the U.S. Flammable Fabrics Act was introduced – it was designed to regulate the manufacturing of clothing that was highly flammable. The law requires all children’s sleepwear to be flame-resistant or snug fitting. The act was a direct result of the hundreds of burn injuries suffered by innocent children in the years prior.

Why is Flammable Clothing So Dangerous?

What is your first response to seeing a fire? For most, the first response is to get a safe distance away from the fire. Even children who have yet no concept of danger might instinctually try to get away from the flames that are burning them. What happens when the fire is on the clothes children are wearing? Because of the closeness of clothes to the skin, burning clothes could very quickly cause injuries. Second-degree burns, third-degree burns, and fourth-degree burns are all possible. The skin, the muscles, the nerves, and the bones could be charred by the flames. Depending on the severity of the injuries, they might be too much for a young child to survive.

Understanding Liability for the Harm Caused by a Defective Product

Who is liable for the harm resulting from a defective product? If your child suffered burn injuries because of the recently recalled nightgowns, could you hold anyone accountable? Depending on the details surrounding the incident and the harm that your child suffered, you might have grounds to hold the company that manufactured the defective product liable for all the harm suffered.

Could you really sue Ishtex Textile Products? Yes, you could sue the company. Your right to sue Ishtex Textile Products is based on product liability. What is product liability, and how does it affect your right to sue? Based on product liability, companies owe their consumers a duty of care – specifically, the duty to ensure that their products are completely safe to be used. This also means that companies must ensure that their products adhere to any federal standards – including flammability standards.

When companies fail to ensure that their products are completely safe for consumers to use, they are breaching their duty of care. A breach of duty could lead to an incident which could cause harm. If a company negligently breaches a duty of care and directly contributes to the harm that a consumer suffers, the company could be held liable based on product liability.

Ishtex Textile Products failed to ensure that their children’s nightgowns were completely safe for use. It is just one of many other companies that have breached their duty of care towards their consumers, negligently putting them at risk of harm.

Would you like to learn more about your right to pursue a product liability claim? If so, do not hesitate to contact our law firm at your earliest convenience. Our defective product attorneys are ready to guide you during the process of filing a product liability claim.

Harmed Consumers Should Follow These Steps

Unfortunately, failing to act accordingly could greatly reduce the possibility of successfully filing a product liability claim. There are a number of things that affected consumers should do to essentially prepare to take legal action against the company that contributed to the harm suffered.

Consider the following recommended steps:

• Photograph all physical injuries
• Photograph the defective product (or whatever is remaining of the product)
• Seek a medical evaluation immediately
• Contact the company to report the incident and the harm suffered because of the defective product
• Do not agree to a free replacement
• Do not agree to return the defective product
• Do not agree to a refund, voucher, or credit
• Do not agree to a free repair
• Keep the defective product in a safe place, where it could remain as-is
• Do not tamper with the defective product in any way
• Speak to witnesses, if available
• Gather all medical records associated with the harm suffered
• Gather all purchase records
• Speak with a lawyer immediately

By following the points listed above, affected consumers are gathering important tools that will allow them to file their claims. If you would like to learn more about each of the steps above and how following these steps could help you during the legal process, do not hesitate to contact our law firm at your earliest convenience.

The Compensation Available for Recovery

Given that you pursue a claim, you could be eligible to recover monetary compensation for the harm that your child suffered. How much compensation could you be awarded? What type of compensation could you receive if your claim reaches a successful outcome? The compensation that claimants could recover will always be based on the details surrounding the specific claim, and it could include some of the following:

• Medical costs
• Lost income
• Pain and suffering
• Loss of consortium
• Funeral and burial expenses
• Property damage
• Punitive damages

Would you like to learn more about the type and amount of compensation that you could be eligible to recover if your claim is successful? If so, do not hesitate to contact the experts at our firm at your earliest convenience. Our lawyers are ready to help you gain a better understanding of the type and amount of compensation that you could be eligible to recover.

When you allow the product liability experts at our firm to handle your claim, you can be certain that they will aggressively fight for your right to be fairly compensated for the harm that your child suffered. Without a doubt, recovering compensation cannot and will not reverse any of the harm suffered; however, it can help you and your entire family move forward after being affected by such a devastating incident.

If you are ready to further discuss the type and amount of compensation that you could be eligible to recover if your product liability claim reaches a successful outcome, do not hesitate to contact our firm at your earliest convenience.

The Statute of Limitations

If you are interested in pursuing a claim for the harm that your child suffered, you should consider filing your claim as soon as possible – as all claims are subject to deadlines. All claims are subject to a statute of limitations, which determines the specific length of time that claimants have to file their claims. If claimants fail to file their claims within the appropriate length of time, they could lose their right to sue altogether.

What deadline applies to your product liability claim against Ishtex Textile Products? In California, product liability claims are usually subject to a two-year statute of limitations. This means that claimants will only have a timeframe of two years to file their claims. If they do not file their claims on time, they will be unable to take any legal action because they will lose their right to sue.

It is also important to note that certain exceptions to the relevant statute of limitations could apply. These exceptions are based on the details surrounding your claim and could toll the statute of limitations that applies to your claim. Considering that your case involves a child, it is important that you are aware that exceptions could apply in cases involving child victims. Specifically, if the victim is a child, the statute of limitations could be tolled until the victim becomes a legal adult, allowing the victim to file his or her claim independently. Of course, if parents are pursuing the claim, this exception does not apply.

As mentioned above, failing to file your claim on time could result in losing the right to sue; therefore, it is important that you have a thorough understanding of the deadline that applies to your claim. For more information about the time that you have to file your claim, do not hesitate to contact our firm today.

Contact Normandie Law Firm Today

Was your child harmed due to the defective products made available by Ishtex Textile Products? If so, you might be interested in pursuing the possibility of filing a product liability claim. If you would like to learn more about your right to take legal action against a company that contributed to the harm that your child suffered, do not hesitate to seek legal assistance with our firm today.

At Normandie Law Firm, our experts have many years of experience handling all sorts of claims, including defective product claims. Our product liability lawyers are ready to help you hold Ishtex Textile Products or any other company liable for the harm that your child suffered. You can trust that our lawyers will provide you with the guidance that you need to pursue your claim.

Our firm is dedicated to remaining accessible to all; therefore, we offer free legal services. Our free legal services include free consultations and free second opinions. During our free consultations and free second opinions, our experts will evaluate your claim and provide you with all the information that you need to either start or continue your defective product claim. Our lawyers will answer your questions and address your concerns – ensuring that you have access to all the information that you need to take legal action.

Our firm offers a Zero-Fee guarantee. This means that our clients will never be required to pay any upfront legal fees for any of our legal services. Our firm is also strictly based on contingency; therefore, our clients will only be responsible for legal fees after reaching a successful outcome.

Are you ready to discuss your claim with the defective product lawyers at our firm? If so, contact us today.

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