It is a festive time of year when millions of people across the country are putting up Christmas trees and decorations in their homes. A fire from faulty Christmas tree lights or defective holiday decorations can spread through a space at a terrifying speed. In a moment, flames can engulf a room and destroy furniture as well as other property. In the most serious cases, these fires can cause serious injuries and even death to individuals in the home. If you or a loved one is injured as a result of a defective Christmas product, you need to reach out to a skilled Syracuse product liability attorney without delay. Our firm can examine the facts of your case and help you pursue the compensation you deserve for your harm.
The American Red Cross reports that about 47,000 fires take place during winter holidays across the United States. According to the National Fire Protection Association (NFPA), Christmas trees account for more than 200 home fires, on average, each year. These fires are responsible for $17.3 million in property damage each holiday season. The NFPA report also found that one out of every 34 Christmas tree fires resulted in a death, compared to the overall average of one death out of every 142 home fires.
New York law requires the manufacturers and sellers of products to make sure that their products are not in any way defective or dangerous to a user. Companies are obligated to provide warnings if any part of their product may be unsafe or if using the product in a certain way could cause injuries. If you have been hurt by a defective product (i.e., defective Christmas lights catching on fire), you may be able to recover compensation through a product liability claim. Product liability refers to a manufacturer or seller being held liable for placing a defective product into the stream of commerce, and ultimately into the hands of a consumer. The only thing a plaintiff needs to establish in such cases is that the product was dangerous when it left the manufacturer’s control, and there was no warning to indicate the risk of unreasonable danger.
Under New York law, a product liability claim must be filed within a certain time frame, known as the statute of limitations. A plaintiff has three years from the date of the accident to file a lawsuit in civil court. Failing to file within this time frame could mean losing your right to file a claim altogether.
If you or someone close to you has been hurt in a fire caused by a defective holiday decoration product, it is important to seek the help of a Syracuse product liability attorney who can handle your case. At DeFrancisco & Falgiatano Personal Injury Lawyers, we have years of experience resolving product liability cases and can help you understand your legal options. Please be aware that we have offices in New Hartford, Rochester, Oneida, Watertown, Cortland, and Oswego. For a free case evaluation, call us at 315-479-9000 or contact us online.
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