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JUDGE GRANTS CLASS-ACTION STATUS OF SUIT AGAINST DANGEROUS
FIREPLACES
U.S. District Court Judge Claudia Wilken ruled this week (Feb. 16, 2010) that
the Arnold Law Firm of Sacramento can move forward with a national class-action
lawsuit that alleges that a half-million homeowners were deceived about the
extreme threat that single-pane sealed glass-front gas-burning fireplaces
present.
The judge for the Northern District of California ruled that the suit will cover
"all consumers who are residents of the United States and who own homes or other
residential dwellings in which one or more Superior or Lennox brand single-pane
sealed glass front gas fireplaces have been installed since February 6, 2004,
and all consumers who are residents of California and own homes or other
residential dwellings in which one or more Superior brand single-pane glass
sealed front gas fireplaces have been installed since February 6, 2004."
Trial is set for November 2010 in Oakland, California. In addition to the Arnold
Law Firm, the class is represented by Cory Watson Crowder & DeGaris of
Birmingham, Alabama, and Ram & Olson of San Francisco.
The suit alleges that the manufacturer hid from consumers the fact that the
surface of the glass front on these direct-vent sealed gas-burning fireplaces
can reach temperatures in excess of 475 degrees Fahrenheit during normal
operation. Since these fireplaces are often built into the family room and
bedrooms at near ground level heights, they pose a particular risk to small
children and household pets. Contact with the superheated glass for less than a
second can cause third-degree burns.
"The need to act became evident as we learned of more and more cases involving
children and pets who were seriously and painfully injured by these fireplaces,"
said Clayeo Arnold, president of the Arnold Law Firm of Sacramento. "Parents
were never warned that the surface of the glass reached such superheated
temperatures or that even momentary contact of a child's hand could cause such
severe damage."
This failure to properly warn consumers of the danger presented by these
gas-burning fireplaces violates California’s Consumer Legal Remedies Act (CLRA),
which makes it unlawful to use “unfair methods of competition or deceptive acts
or practices” in the sale of goods or services to a consumer, the suit alleges.
The manufacturer has said 556,369 fireplaces were sold since February 1, 2004.
Of those, 19 percent were sold to California distributors, retailers or
installers. These single-pane sealed glass-front gas-burning fireplaces are
manufactured, assembled and packaged in Lynwood, California; Union City,
Tennessee; Toronto, Canada; and Auburn, Washington. Seventy-six percent of the
556,369 fireplaces manufactured since February 1, 2004, included components from
California.
Gas burning fireplaces have emerged as a popular alternative to conventional,
open-hearth wood-burning fireplaces. They are marketed as better for the
environment. But the superheated glass surface is extremely dangerous.
In 2004, the Journal of Burn Care and Research published a study that documented
a 15-fold increase in the incidence of pediatric palm burns caused by touching
the glass fronts of gas fireplaces.
"Pediatric burns resulting from palmar contact with the glass enclosures of gas
fireplaces have emerged as an avoidable new danger within the home," the doctors
wrote. "Although most of these injuries heal with conservative treatment alone,
many require surgery or other intensive management to regain acceptable
function."
In 2004, when the study was published, more than 70 percent of fireplaces
installed burned natural gas. The increasing popularity of gas fireplaces, the
study found, had led to increase in the incidence of pediatric burns,
specifically toddlers, from contact with the superheated glass enclosing these
units.
"The aim of this report is to alert readers to the potential danger of burn
injury in the pediatric population associated with contact of the glass
enclosures of gas fireplaces," the doctors wrote. "We hope that focusing on this
emerging problem will help generate much-needed improvements in gas fireplace
burn prevention."
That was six years ago. Little has changed. Today, parents of small children are
discovering with painful consequences the danger built into their homes.
About the Arnold Law Firm
The Arnold Law Firm is a prominent Sacramento California personal injury firm.
Established in 1975, the firm has decades of experience representing clients in
claims including wrongful death, motor vehicle accidents, workplace injuries,
brain and spine injures, nursing home neglect and medical malpractice.
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