Personal Injury Law

Foam Manufacturers Pay $30 Million To Settle Product Liability Lawsuits

Several foam manufactures have agreed to settle for $30 million with families of victims of a 2003 Rhode Island nightclub fire that killed 100 people and injured 200, an article in Newsday reported. Egg-crate-style foam on the walls and ceiling of the club has been blamed for fueling the fire, which was sparked by a fireworks display for a rock band at the club.

The lawsuits allege that the defective material that was sold did not have any flame retardant chemicals and produced ?unreasonably dangerous toxic smoke and gases? when ignited. The lawsuits also said that the foam was sold even after the manufacturers knew that polyurethane foam was known in the industry as being flammable and not safe in places such as hotels and nightclubs. Plaintiffs? attorneys also alleged that the foam companies did not test their foam before selling it and did not create awareness among users or warn them adequately about the material?s hazards.

The settlements now total to more than $100 million. The most recent settlements must be approved by hundreds of victims who have sued the foam companies for the defective products as well as a federal judge who is overseeing the case. A law professor from Duke University has also been appointed to meet with survivors and victims? families to determine how much compensation each would receive under the settlements. Those amounts will depend on the extent of injuries and loss suffered by each of the victims and their families.

Full post as published by New York Injury Talk Blog on May 25, 2008 (boomark / email).