Product liability and low-flammability nightwear
All UK residents will be familiar with bitterly cold winter nights and mornings, and the temptation to move closer to the fire or heater in order soak up a bit of extra warmth. Unfortunately, if nightwear does not meet low-flammability standards, there is always a risk that it might ignite and go on to cause very serious personal injury. This is why flammability standards for nightwear exist, and failure of clothes manufacturers to meet them has the potential to both endanger consumers and invite costly product liability compensation claims.
The Nightwear Safety Regulations 1985 state that it is illegal to sell and make children's nightwear unless it meets the flammability performance obligations of British Standard (BS) 5722. Within these requirements, children's nightwear is defined as that which:
Is designed for or would normally be worn by a child under the age of 13.
Has a chest measurement of no more than 91 cm and a length of no more than 122 cm (for nightdresses).
Has a chest measurement of no more than 97 cm and a sleeve measurement of no more than 69 cm (for terry towelling dressing gowns and bath robes).
All other nightwear including babies' clothes, pyjamas, and adult nightwear garments should have a label attached indicating whether it meets the BS 5722 standard. Garments that do not meet the standard should always carry a label, in red, marking the warning, "KEEP AWAY FROM FIRE".
Excepting children's nightgowns and nightdresses that must meet the standards, all other nightwear that meets the regulations must carry one of the following labels in medium letters of 10 point, upper case:
- LOW FLAMMABILITY TO BS 5722 (in black letters)
- LOW FLAMMABILITY TO BS 5722 (in black letters) and KEEP AWAY FROM FIRE (in red letters)
- KEEP AWAY FROM FIRE (in red letters)
All manufacturers, importers, wholesalers and retailers must comply with these regulations, or face potential punitive action and possible consumer litigation. The only exemptions apply to nightwear that is second-hand or intended for export.
Choosing the right no win, no fee product liability lawyer
When making a product liability claim, consumers will often find themselves in the intimidating position of coming up against a powerful manufacturer with elite legal teams, that is why choosing a leading lawyer such as those on YouClaim's panels is so important.
Since we only select no win, no fee lawyers who are governed by the Solicitors Regulation Authority, all claimants can rest assured that when they claim with us they are receiving the very highest standards of professionalism.
Furthermore, making this kind of claim with us is always cost-free. Win or lose, we never charge a penny, protect claimants from all costs incurred by the opposing legal side, and with our no-cut commitment, guarantee all winning claimants 100% compensation.
If you wish to get in touch and find out whether you might be entitled to compensation, fill out an online claim form, request a callback, have an e-chat, or call us now on 0800 10 757 95.
