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Flammable Clothing Lawsuits

Product Liability Lawyer investigating burn injury & consumer burn hazards

It may come as a surprise that children’s clothing manufacturers typically do nothing to make their products flame resistant. Flame-resistant fabrics are rare, and in fact, U.S. regulators do not require them in children’s clothing. As a result, many children, as well as adults, suffer burn injuries, often when clothing is ignited.

It is estimated that around 4,000 people in the U.S. are injured from flammable clothing accidents each year, many of them children. In one burn injury study, more than 50 percent of burn accidents were associated with clothing ignition. Children account for over 40 percent of clothing ignition accidents.

In a related burn injury risk clothing recall, Allura recalled around 64,000 pairs of children’s pajamas over fire and burn risk, according to the U.S. Consumer Product Safety Commission.

The pajamas—Allura’s “Sweet and Sassy” 100 percent polyester fleece pajama pants, and a onesie under the brand name Delia’s Girl—were also sold online at,, and The CPSC states that the pajamas do not meet flammability standards and pose a risk of burn injury.

Joe Lyon is a highly-rated Cincinnati burn injury attorney and flammable clothing lawyer investigating clothing flammability and injury cases nationwide.

Flammable Clothing Regulations

The 1953 U.S. Flammable Fabrics Act is supposed to protect the consumer from clothing that could easily ignite and cause burn injury. Flammability regulations require clothing to meet certain standards of durability and flame resistance. When clothing is made of inferior materials or produced in a negligent manner, manufacturers may be held liable following injuries.

The Consumer Product Safety Commission (CPSC) requires that clothes sold in the United States pass flammability tests. If you have been injured after your clothing caught fire too easily, you should contact a burn accident experienced in filing flammable clothing lawsuits.

Consumer and product safety experts have warned of negligent clothing manufacturing processes that endanger consumers, and increase the risk of burn injury. To the dismay of most Americans buying clothes, certain textiles and clothing may contain flammable fabrics that may easily catch fire and burn rapidly.

The United States government has tried to protect the consumer since the 1950s when Congress enacted the Flammable Fabrics Act (FFA). The law classifies fabrics into the following categories:

  • Class 1: Normal Flammability
  • Class 2: Intermediate Flammability
  • Class 3: Rapid and Intense Burning

Combustible fabrics in Class 3 are regulated and prohibited from being sold in wearable clothing in the U.S. Laws and regulation regarding the flammability of children’s sleepwear is more stringent.

There are several factors that can contribute the flammability of a fabric, including the raw materials used, the gauge of the knit, the weight of the fabric, any dyes and chemicals used to treating the fabric.

Clothing Burn Accidents & Injury

During flammable fabrics testing, a sample fabric is held to a flame and the time it takes for the flame to cover 5.5 inches is recorded. This kind of testing is not always effective and many fabrics are passed but may still present a serious burn injury risk to consumers. Generally, the flammability of fabrics is assessed by the following:

  • Types of Fiber: fibers like untreated cotton ignite quite easily and burn fast. Wool is more difficult to ignite and burns slowly.
  • Tightness of Weave or Knit: loose fabrics ignite and burn faster.
  • Fabric Density: The denser the fabric, the more resistant it is to flame and burning.
  • Surface Finish: Some treatments can improve a fabric’s resistance to ignition and burning. Conversely, other treatments and finishes can feed flammability.
  • Fit on Body: A tight fitting garment helps to harness the spreading of flame and fire.

Understanding Clothing Flammability

In general, a clothing fire hazard depends on the material, weight and construction of the item. Different clothing fabrics burn in unique ways, and depends largely on the weave, and fit.

For example, cotton and linen burn hot and fast, and synthetic fibers can melt into the skin but generally flame out quickly. Wool and silk clothing burns slowly and are difficult to ignite. The heavier the fabric, the higher its flame resistance, and the slower its burning characteristics. Materials made of cotton and rayon generally have the fastest burning characteristics, and pose the greatest risk.

Another factor is the weave. If the fiber structure of the fibers is loose, the fabric is more likely to ignite. Also, clothes that fit closer to the body are less likely to accidentally come in contact with a flame source.

Victoria’s Secret Lawsuit

The danger of flammable clothing is not limited to children’s clothes.   

Recently, a high-profile flammable clothing claim was filed against Victoria’s Secret after a 22-year-old woman claimed she suffered painful burns and blisters after her Victoria Secret Demi Bra leaked fluids.

The lady said she bought the bra in December 2015 on the Victoria’s Secret website. She filed an injury claim after she was allegedly left with burns, blisters, scarring and discoloration after the clothing accident. The lawsuit states the bra “leaked and exploded.” She did seek medical treatment after the accident and is seeking damages related to the burn injury.

The Demi bra has been discontinued by Victoria’s Secret but there is no indication of why it is no longer in production. The push-up style bra meant to conform to the wearer’s shape. Attorneys and experts are investigating potential causes of injury.

In 2017, another plaintiffs sued Victoria’s Secret and claimed she suffered third-degree burns after one of its hoodies accidentally touched a gas stove and burst into flames. The sweatshirt was part of the company’s PINK line.

The plaintiffs suffered third-degree burns. Attorneys sought compensation for medical expenses and punitive damages for product liability, gross negligence, negligent design and a failure to warn consumers of the fire risk.

Victoria’s Secret has been sued numerous times by women alleging product liability, claiming they were either burned or suffered other injuries.

Flammable Clothing Risk Factors

Fabric and other manufacturing factors affect burn injury incidence, and companies may be held liable for failing to warn consumers of certain risks of their product. Children’s clothing manufacturers and distributors have a responsibility to protect young kids when possible, and when that duty is not met, it may be prudent to hire a burn injury attorney and take legal action against the negligent company.

Product liability lawsuits can end in large settlements, recovering damages and medical expenses, and also may include punitive damages against a company so they are more likely to provide consumers with a safer product in the future.


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Joseph Lyon has 17 years of experience representing individuals in complex litigation matters. He has represented individuals in every state against many of the largest companies in the world.

The Firm focuses on single-event civil cases and class actions involving corporate neglect & fraud, toxic exposure, product defects & recalls, medical malpractice, and invasion of privacy.


The Firm offers contingency fees, advancing all costs of the litigation, and accepting the full financial risk, allowing our clients full access to the legal system while reducing the financial stress while they focus on their healthcare and financial needs.

photo of attorney Joe Lyon reviewing flammable clothing
A Voice for Those who have suffered

Why are these cases important?

Many product liability cases have had a positive impact on public health and safety, and we have witnessed improved lives and future injuries prevented as companies are forced to remove products and change designs and warnings as a result of litigation.


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Questions about Flammable Clothing Cases

are there clothing flammability regulations?

Yes, there are standards in which companies must abide by to protect consumers, particularly in regard to children’s clothing. Design and manufacturing defects result in thousands of product recalls each year in the United States, initiated by federal safety agencies. Following injury and illness, regardless of recall status, victims and plaintiffs may pursue legal action and contact a product liability lawyer to begin the litigation process. Rightful compensation can be sought and help plaintiffs recover medical costs and other related damages.

Product liability law overlaps with regulatory law, which are the systems of legislative rules and administrative agencies, and part of federal and state governments.

What clothes are flammable?

Cellulose fibers like cotton, linen and rayon may easily catch fire, and the flames can spread rapidly if the textile has not been treated with a flame retardant. The thinner and lighter the fabric, the easier it burns. 

How Common are clothing burn injuries?

It more common than many people think. One study noted an estimated 3,000 deaths and 150,000 injuries occur annually in the US from burning clothing. 

What is the flammable fabrics act?

The Flammable Fabrics Act was enacted in 1954 in order to reduce the danger of injury and loss of life by providing standard methods for testing and rating the flammability of textiles and clothing. The act was designed to cover only those fabrics coming in contact with the body, not including industrial fabrics and fabrics used for drapes, bedding, and floor coverings.

Why should I hire The Lyon Firm?

Our Firm will help you find the answers to your questions.  The Lyon Firm has the experience, resources and dedication to take on difficult and emotional burn injury cases. We help our clients obtain the justice for the wrong they have suffered. 

Experience: Joe Lyon is an experienced Cincinnati Product Liability Lawyer. The Lyon Firm has 17 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters. Flammable Clothing lawsuits can be complex and require industry experts to determine the root cause of an accident or injury. Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.

Consumer Product Safety

Filing Defective Product Lawsuits

Defective products on the market present safety and health hazards for adults and children. Cheap and defective products may pose fire and burn risks; electrocution, strangulation and choking risks; and severe health risks. The manufacturers of consumer products have a duty to foresee potential injury and properly design and test products before they are released.

Companies must also properly warn consumers of any risks associated with their products. Any failure to protect consumers that results in accidents and injury can lead to lawsuits filed by plaintiffs and their product liability lawyer

Product Liability Settlements

The Lyon Firm aggressively, professionally, and passionately advocates for injured individuals and families against companies due to a defective product or recalled product to obtain just compensation under the law. 



(Pikeville, Kentucky): Confidential settlement for Plaintiff who suffered spinal cord injury resulting in paraplegia due to defectively designed seat belt. Four passengers with three-point (lap/shoulder) belts walked away from the accident, and the only passenger wearing a two-point belt (lap only) suffered a debilitating spinal cord injury. The settlement assisted with home improvements to assist in daily living. GM entered federal bankruptcy during the process and no longer manufactures two-point lap belts for vehicles.



(Hillsboro, Ohio): Confidential Settlement for the family of elderly man who was catastrophically burned while operating a propane wall heater. The burns resulted in his unfortunate death. The heater, manufactured and sourced from China, was alleged to allow the flame to reach outside the grid area in violation of ANSI standards. The Defendant resolved the case following discovery and mediation. The recovered funds were paid to the victim’s surviving spouse and children. The company no longer manufactures this type of heater.