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Child burned from cheap pajamas

Steve Kuzj
Court Story
2/18/07

A 7-year-old South St. Paul boy who suffered severe burns when his pajamas caught on fire, filed a lawsuit this month against the producers of the clothing, its sellers and even his own parents.
As a minor, Austin Foley was granted his psychologist as guardian to represent him in his case. His parents are not permitted to act as his guardians because of the questions surrounding their involvement in their son’s injuries according to Austin’s attorney, Paul Strandness.
Austin’s attorneys have filed complaints against Family Dollar Stores Inc., Prestige Global Co. and J-K Sales Co. their role in selling the product Highland Outfitter sleepwear. The companies are all being sued for negligence, liability and breach of warranty.
The suit alleges Amy and Blayne Foley are responsible for Austin’s safety as his legal guardians and due to a possible failure in their parental duties, they are being sued for negligence as well.
As a legal strategy, Austin’s attorneys are bringing charges against parents Amy and Blayne so they can have some control over which tactics the defense’s attorneys might use against them in the case. Strandness explained the goal is to make Amy and Blayne appear less at fault to the jury.
Strandness said it is unclear who is ultimately at fault for producing and profiting from clothing that does not meet the set safety standards of the Consumer Product Safety Commission.
“We found that the pajamas Austin was wearing were not in compliance with the Consumer Product Safety Commission’s fire standards,? Strandness said. “It’s a strong case of liability for all parties involved.?
The defendants either refused to comment on the case or were unavailable.
Austin was 5 years old when he was burned in his home Jan. 13, 2005. His father Blayne, a smoker, left for work early that morning after placing his lighter on top of the kitchen refrigerator.
According to Strandness, Austin had a fascination with his father’s lighters and had been reprimanded for playing with them on more than one occasion.
When Austin’s mother Amy left the kitchen to go upstairs, Austin got the lighter and began to play with it.
Austin’s pajamas then ignited and flames quickly spread over his entire body. Upon hearing her child’s screams, Amy ran down stairs to find Austin completely engulfed in flames.
His mother grabbed a nearby blanket and wrapped up Austin to put the flames out. Austin was rushed to Regions Hospital with burns over 30 percent of his body.
Austin has since had seven skin grafts to replace the flesh on areas of his body with third degree burns, such as his arms, neck and face.
The burning pajamas left Austin with permanent disfiguring scars across his body and other complications he will have to deal with for the rest of his life, Strandness said.
Austin’s case is just one of dozens reported every year. In a 2005 report by the Consumer Product Safety Commission based on data collected from 33 burn centers across the U.S., 33 children under the age of 15 were burned when their sleepwear caught fire. The youngest was only 12 weeks old.
Under the Commission’s Standards for the Flammability of Children’s Sleepwear, fabric and garments must pass certain flammability tests in order to be legally sold in the United States. The general test uses a sample of five 3.5 inch by 10 inch sections of material cut from the fabric seams and trim of the sleepwear.
The test requires the samples to be held under a gas flame for three seconds; afterwards, the amount of the sample charred is measured. If the average char length is greater than 7.0 inches, the sleepwear must be rejected.
Austin’s attorneys are suing for a sum greater than $50,000 under Minnesota’s pleading requirement. A jury has leeway to decide those damages and can go far beyond that minimum.
According to Strandness, Austin’s case will go to court next January at the earliest.


Sources

· Civil Suit

· Plaintiff Attorney: Paul Strandness (952-594-3600)

· Consumer Product Safety Commission website

· Consumer Product Safety Commission report
(http://www.cpsc.gov/library/nbcrs05.pdf)