Household fireplaces are fondly known as a source of heat and comfort. While open flames are widely respected as inherently dangerous, many people are unaware that fireplace injuries can be the result of defective products.
If you or a loved one has been burned from a malfunctioning or faulty fireplace product, you may be able to file a claim and recover compensation for your injuries.
Call the Arnold Law Firm Accident & Injury Attorneys in Sacramento today at (916) 777-7777 to discuss your case. Our attorneys are dedicated to helping our clients recover maximum compensation while holding faulty product manufacturers accountable for the devastation their products have caused.
Dangers of Glass Fireplace Doors
The temperature of a glass fireplace door can reach between 446°F and 1,328°F within industry standards, depending on the type of glass used. Glass doors can remain dangerously hot for up to an hour after flames are out. Unfortunately, people generally do not realize this surface can reach such elevated temperatures, leading to accidental burns.
Children five years old and younger are especially vulnerable to burns involving glass fireplace doors. They have a natural instinct to touch and explore, and fireplace flames tend to be at eye-level for toddlers. Every year, hundreds of devastating fireplace burns result in serious pain, disfigurement and disability.
Fireplace Burns Caused by Explosions
Certain natural gas fireplaces pose a risk of explosion due to gas building up in the units burner. The Consumer Product Safety Commission issued a 2014 nationwide recall of Kozy Heat, Ambiance and Stellar Hearth Products fireplaces due to malfunctions in the main control module installed in these units. A fireplace explosion can cause severe burns, as well as extensive property damage.
Fireplace Burn Injuries
Burns to the hands are most common injury associated with glass fireplace doors. Direct contact with an extremely hot surface can cause second, third, and fourth degree burns. Fireplace burns often require extensive treatment, which may include hospitalization or skin graft surgery. Not only are burns are painful, treatment therapy can be painful, as well.
Burn treatment is very expensive, and medical care is usually needed for many months. Ongoing rehabilitation may be necessary to improve function of burned hands or other areas of the body. In severe cases, permanent disability may result from fireplace burns.
Prevent Fireplace Burns
If you have a glass fireplace door, check if the manufacturer offers a retrofit safety screen.
Surround your fireplace with a freestanding protective guard or screen.
Do not use the fireplace when children are present. Never leave a young child alone with an operating or hot fireplace.
Have your fireplace and its safety controls inspected regularly to ensure all controls are functioning properly.
Fireplace Burn Lawsuits
Many lawsuits have been filed as a result of burns caused by defective fireplace products, often on behalf of a child. Treatment for burns can be intensive and ongoing, affect physical development and coordination skills, and result in permanent disability. Filing a fireplace burn lawsuit can help recover compensation for injuries.
You may be entitled to financial compensation for medical care, rehabilitation, pain and suffering, and other expenses incurred due to injuries caused by a defective fireplace product. If a defective fireplace product damaged your home and belongings, the manufacturer may be held liable for the property damage and you may be able to recover for expenses associated with this damage. A personal injury lawyer will be able to inform you whether to pursue your claim, and will work to build a case against responsible parties.
Contact an Injury Lawyer Today
If you or your loved one has suffered severe burns caused by contact with a fireplace or its accessories, you may be entitled to financial compensation.
Defective products are extremely dangerous hold manufacturers responsible for the harm their products have caused!
At the Arnold Law Firm Accident & Injury Attorneys, we have a proven track record of success and will review the details of your claim free of charge.
Our experienced legal professionals are ready to help you today and only get paid when we obtain a settlement of recovery for your case.
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SETTLEMENT
$60,000,000
Data Breach
The Arnold Law Firm reached a settlement in the Morgan Stanley data breach class action lawsuit.
California law provides a specific statutory remedy for victims injured by impaired commercial vehicle drivers when their employers fail to meet federal safety requirements. Understanding when treble damages apply—and how they differ from standard punitive damages—is crucial for truck accident victims seeking maximum compensation. What Are Treble Damages? Treble damages allow injured parties to recover three times their actual damages under specific legal circumstances. In California trucking cases, this remedy is narrowly defined and differs significantly from general punitive damages available in other personal injury cases. California Civil Code § 3333.7: Statutory Treble Damages Requirements for Recovery Under California Civil Code § 3333.7, injured parties may recover treble damages from a commercial motor vehicle driver’s employer when all of the
California law establishes different standards of care for trucking operations depending on the type of service provided. While most commercial trucking companies transporting freight are subject to ordinary negligence standards, federal motor carrier safety regulations impose enhanced duties that can significantly affect liability in truck accident cases. Key Takeaways: Commercial carriers of goods generally DO NOT have the duty of “utmost care” Federal Motor Carrier Safety Regulations (FMCSRs) DO create heightened standards in specific situations Large truck drivers must exercise greater caution than ordinary motorists Licensed motor carriers have nondelegable safety duties Common Carrier Standard: When Does “Utmost Care” Apply? The Enhanced Duty for Passenger Transportation California Civil Code section 2100 requires carriers of persons for reward to use “the
What Are Punitive Damages? Punitive damages are extra money a court can order a wrongdoer to pay, on top of the money that compensates an injured person for medical bills, lost wages, and pain and suffering. The main goal of punitive damages is not to repay the victim, but to punish especially bad behavior and to discourage similar conduct in the future. Think of punitive damages as a financial penalty for conduct that is much worse than ordinary carelessness. In California, punitive damages are not common. They are reserved for cases where the defendant’s conduct is particularly harmful, intentional, or shows a conscious disregard for the safety or rights of others. Most personal injury cases involve simple negligence (for example,
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Settlement - $3,900,000
Car Accident
The fatal collision between plaintiff’s Jeep Liberty and defendant’s Volvo truck left Ryan Eisenbrandt’s surviving wife and parents with a judgment of $3.9 million, but the defendant’s insurance company refused to pay. This resulted in a second, intense legal battle between Plaintiffs and Defendant’s insurance company.
During the pendency of the wrongful death case, Defendant’s insurance company had filed a federal court action to rescind the defendants $1,000,000 insurance policy, claiming that defendant had made misrepresentations when applying for that policy. Initially, the federal court agreed with the insurance company, granting summary judgment that effectively denied recovery to the Eisenbrandts given the defendant was otherwise insolvent. The Arnold firm and the Eisenbrandts refused to accept this unfair outcome. They appealed the federal judge’s ruling to the Ninth Circuit Court of Appeals. The Ninth Circuit reversed the lower court and sent the case back to the same federal judge for a trial on the merits.
Christine Doyle of the Arnold Firm tried the case in February 2011 in front of the same judge who had previously thrown out the Eisenbrandt’s case. A unanimous advisory jury and the trial judge, after hearing the true facts about the insurance company’s effort to avoid responsibility, found in the Eisenbrandts favor. After four years of fighting for what is right, the insurance company was ordered to pay up.
Settlement - $8,000,000
Truck Accident
Morgan Stanley Class Action Data Breach Settlement Attained by the Arnold Law Firm
Late one spring afternoon, the Arnold Law Firm received a call from Angela, a young mother of three. She was calling from the hospital where her husband Christopher had been air-lifted for treatment of severe injuries from a tragic motor vehicle accident earlier that day. Angela’s mother, a past client of our firm, had encouraged her to give us a call.
As it turns out, Angela’s prompt contact with us was a very important decision for their family. Immediate representation allowed our team to secure critical evidence right away — appropriate storage and analysis of the vehicle to avoid tampering, timely professional photography of the scene, and interviews of involved parties — which ended up being imperative to the details of Christopher’s case.
A commercial vehicle had failed to stop at a rural stop-sign intersection, colliding with the compact sedan driven by Christopher, an active 33-year-old father. The impact caused extensive damage to his spinal cord in the cervical area. Despite multiple surgeries, rehabilitation programs for physical and psychological therapy, and in-home care, his injuries rendered him a paraplegic, paralyzed from the mid-chest. In an instant, life as he had known it was gone forever.
At the time of the accident, the at-fault driver of the commercial vehicle was acting within the scope of his employment with a large corporation. With the employer being directly liable, as such, defense counsel fought hard to minimize Christopher’s damages, claiming that his being unemployed at that time devalued his losses. Our legal team made sure Christopher’s true losses were represented, including his potential income, his options and mobility, his ability to provide for and support his family, and the lifetime of care he now needed. Christopher’s injuries also dramatically affected his spouse’s daily life, resulting in a claim on her behalf.
Furthermore, the extent of Christopher’s injuries were, in part, due to defects involving the dual-restraint system in his own vehicle. Despite the manufacturer’s efforts to deny any responsibility, the Arnold Law Firm established negligence relevant to his case.
The result was a settlement of $8 million — the largest pre-trial settlement for this type of case in the region. Christopher now has the resources to receive the ongoing care he now requires, improve the quality of his life and take care of his young family.
Verdict - $10,200,000
Motorcycle Accident
The Arnold Law Firm is pleased to report that our attorneys received a $10.2 million verdict handed down in Modesto. Defense counsel was Kevin Cholakian of San Francisco. The defense rejected a 998 within the $1 million policy limits three years ago. The highest defense offer was $350k.
The case involved a blind corner dirt fire road collision between a truck driven by the defendant and a motorcycle driven by the plaintiff Dan Nixon. THe plaintiff had no recollection of the collision. The defendant claimed that the plaintiff had too much speed for the corner and lost control. The plaintiff’s son (who identified the wrong curve in discovery) claimed that the defendant was on the wrong side of the curve, causing his dad to make an unsuccessful emergency maneuver. The jury assessed 70% fault to the defendant and 30% to plaintiff.
The plaintiff, now 50-years-old, suffered a dislocated right knee with popliteal artery rupture which has left him with an unstable knee, and permanently damaged lower leg. Because of vascular damage he is not a candidate for knee reconstruction or replacement. The plaintiff’s treating doctors testified that he will require an above knee amputation within 20 years. Past lost wages were $78,000 and past medicals were $570,000. The jury awarded $7.5 million in general damages (3 m. past and 4.5 m. future) as well as all future economic damages asked for by the plaintiff. The jury deliberated for 3 and a half hours.
Settlement - $17,000,000
Data Breach
Infinity/Kemper Class Action Data Breach Settlement Attained by the Arnold Law Firm
The Arnold Law Firm, along with co-counsel at Morgan & Morgan, and Mason, Lietz, & Klinger, and Wolf, Haldenstein, Adler, Freeman, & Herz LLP, reached a settlement in the Kemper and Infinity data breach class action lawsuit, also known as Irma Carrera et al. v. Kemper Corporation and Infinity Insurance Company, filed in the United States District Court Northern District of Illinois, Case No. 1:20-cv-01883. The settlement is valued at over $17 million.
The Honorable Judge Martha M. Pacold granted Preliminary Approval of the settlement on October 27, 2021.
In addition to substantial injunctive relief, the class members will receive access to Aura’s Financial Shield Services for a period of 18 months, up to $10,000 for reimbursement of documented out-of-pocket losses reasonably traceable to the Data Breach, up to 3 hours of time spent remedying issues related to the breach at $18 per hour, and $50 for Class Members who are California residents.
History of the data breach: On April 8, 2021, the Arnold Law Firm and Wolf, Haldenstein, Adler, Freeman, & Herz LLP filed the first class action complaint against Kemper and Infinity in the United States District Court for the Northern District of Illinois entitled Irma Carrera Aguallo et al. v. Kemper Corporation and Infinity Insurance Company, Case No. 1:21-cv-01883. The complaint asserted claims against Defendants for: (1) negligence; (2) negligence per se, (3) violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unlawful Business Practices, (4) violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unfair Business Practices, (5) violation of the California Consumer Privacy Act (“CCPA”), Cal. Civ. Code § 1798.100, et seq., (6) violation of California’s Consumers Legal Remedies Act, Cal. Civ. Code § 1750, et seq., (7) violation of Florida’s Deceptive and Unfair Trade Practices Act, Florida Statute § 501.201, et seq., (8) breach of implied contract, (9) declaratory judgment, and (10) unjust enrichment arising from the data breach.
Settlement - $18,276,000
Qui Tam / Whistleblower
Whistleblowers Represented by Arnold Law Firm Expose Fraudulent Practices by the Pill Club, Case Settled With California DOJ
The Arnold Law Firm and the Hirst Law Group represented two whistleblowers who helped expose fraudulent practices by a start-up online pharmacy company called The Pill Club.
The company allegedly used fraudulent practices to bill California’s Medicaid program, Medi-Cal, for their services. The Pill Club is also alleged to have violated state laws by allowing nurse practitioners to prescribe contraceptive products to women without proper supervision or training from a licensed medical doctor.
For their part in blowing the whistle on the company they worked for, and as part of California Qui Tam laws, the whistleblowers and their attorneys recovered $4.9 million from the $18.275 million settlement paid to the California Department of Justice (DOJ) and the California Department of Insurance (CDI).
Settlement - $60,000,000
Data Breach
Morgan Stanley Class Action Data Breach Settlement Attained by the Arnold Law Firm
The Arnold Law Firm, along with co-counsel at Morgan & Morgan, Nussbaum Law Group, P.C. and others, reached a settlement in the Morgan Stanley data breach class action lawsuit, also known as In re Morgan Stanley Data Security Litigation, filed in the United States District Court Southern District of New York, Case No. 1:20-cv-05914-AT. The settlement resulted in a $60 million settlement fund to benefit class members.
The Motion for Preliminary Approval was filed on December 31, 2021 with the Honorable Judge Analisa Torres.
In addition to substantial injunctive relief, the 15 million class members will be provided access to Aura’s Financial Shield services for at least two years, which includes a $1 million insurance policy protecting each subscriber, credit monitoring, identity freezing, dark web monitoring, income tax protection and more services. The fund will also provide payments to people who submit valid claims for out-of-pocket expenses and/or up to four hours of lost-time incurred as a result of the data breach. Lost time allows victims of the data breach to be paid at $25 per hour for up to four hours of attested time spent dealing with the data breach. Out-of-pocket expenses can be claimed up to $10,000 if the costs or expenditures are fairly traceable to the data breach.
History of the data breach: On July 29, 2020, the Arnold Law Firm and Morgan & Morgan filed the first class action lawsuit against Morgan Stanley in the United States District Court for the Southern District of New York entitled Sylvia Tillman et al. v. Morgan Stanley Smith Barney, LLC., Case No. 1:20-cv-05914. The complaint asserted claims against Defendants for: (1) negligence; (2) invasion of privacy; (3) negligence per se; (4) unjust enrichment; (5) violation of the California Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unlawful Business Practices; and (6) violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unfair Business Practices.
Settlement - $3,767,000
Truck Accident
A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.
Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.
The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.
The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.
Household fireplaces are fondly known as a source of heat and comfort. While open flames are widely respected as inherently dangerous, many people are unaware that fireplace injuries can be the result of defective products.
If you or a loved one has been burned from a malfunctioning or faulty fireplace product, you may be able to file a claim and recover compensation for your injuries.
Call the Arnold Law Firm Accident & Injury Attorneys in Sacramento today at (916) 777-7777 to discuss your case. Our attorneys are dedicated to helping our clients recover maximum compensation while holding faulty product manufacturers accountable for the devastation their products have caused.
If you or your loved one has suffered severe burns caused by contact with a fireplace or its accessories, you may be entitled to financial compensation.
Defective products are extremely dangerous hold manufacturers responsible for the harm their products have caused!
At the Arnold Law Firm Accident & Injury Attorneys, we have a proven track record of success and will review the details of your claim free of charge.
Our experienced legal professionals are ready to help you today and only get paid when we obtain a settlement of recovery for your case.
