Product Liability
When the fire started inside a product you plugged in and trusted
Families are often told a house fire was accidental. The true origin is frequently a single component that overheated exactly as its own test data predicted.
About appliance and electrical fires claims
Most residential fires that begin at an appliance start in a small number of places: a control board that arcs, a thermostat or limit switch that fails closed, a motor that seizes without a thermal cutoff, a heating element that stays energized, a lint path that was never designed to stay clear, or a connector, cord or charger that overheats at a crimp or solder joint. Each of those is a component with a specification, a supplier and a test history, which is what makes the claim provable.
Under California law we do not need to prove the company was careless. We need to prove the product was defective and that the defect caused the loss. That may be a manufacturing defect in a specific production lot, a design defect measured under the consumer expectations and risk-benefit prongs of Barker v. Lull, or a failure to warn where the maker had field reports of overheating and did not adequately communicate the risk. Breach of warranty can also apply where the product simply was not fit for ordinary use.
Fire cases are won and lost at the scene. Origin and cause work has to happen before the debris is cleared, and the artifact, meaning the appliance or the component itself, must be preserved. An insurer’s investigator may reach the scene first, and their recovery interest is not the same as yours, so it matters to get independent eyes on the evidence early.
Common injuries
Injuries we see most often in these cases. Every claim is different, and this list is not exhaustive.
- Second and third degree burns requiring grafting and reconstruction
- Smoke inhalation and permanent respiratory injury
- Carbon monoxide poisoning and hypoxic brain injury
- Fractures and trauma from escaping or jumping from a building
- Post-traumatic stress and long-term disfigurement
- Wrongful death in overnight and bedroom-origin fires
Who can be held liable
Responsibility often extends well beyond the most obvious company. We look at every party in the chain.
- The appliance or device manufacturer
- The maker of the control board, switch, motor, battery or connector
- The retailer or online marketplace that sold the product
- An installer or repair company that wired or serviced it improperly
- A landlord or property manager responsible for the building system involved
Evidence that matters
What we work to preserve and obtain early, because this proof tends to disappear with time.
- Preservation of the appliance, its components and the fire scene
- The fire department origin and cause report and any photographs taken
- Independent origin and cause and electrical engineering analysis
- Purchase, installation, warranty and service records for the unit
- Recall notices, field failure data and consumer complaint history
Do not wait on the deadline
California generally allows two years to bring a personal injury or product liability claim under Code of Civil Procedure § 335.1, and two years from the date of death in a wrongful death case. Shorter deadlines apply when a government entity is involved, and deadlines can be extended for injured children. Exceptions are fact-specific. Talk to us before you assume anything about your own timeline.
Answers
Appliance and Electrical Fires: common questions
Injured by appliance fires? Let us review it at no cost.
A conversation costs you nothing and there is no obligation. No fee unless we recover compensation for you. In some matters a client may still be responsible for case costs and expenses, and we will explain exactly how that works before you decide to hire us.