When Decorations Become Dangerous
The holidays are illuminated by millions of lights, animated figures, and space heaters. While these items bring warmth and cheer, they also bring a statistically significant risk of catastrophic fire. According to the National Fire Protection Association (NFPA), electrical distribution and lighting equipment are involved in almost half of home Christmas tree fires.
When a fire occurs, it is often assumed to be user error, overloading a socket or leaving a tree dry. However, frequently, the root cause is a Defective Product. Cheaply manufactured lights with poor insulation, space heaters with faulty tip-over switches, or lithium-ion batteries in new toys that suffer thermal runaway can all incinerate a home in minutes. In these cases, the manufacturer, distributor, or retailer may be liable under Michigan Product Liability Law.
The Three Types of Defects
To succeed in a product liability claim in Michigan, we must prove one of three things:
- Design Defect: The product was inherently dangerous even when manufactured correctly. For example, a space heater designed without an automatic shut-off feature for when it overheats.
- Manufacturing Defect: The design was safe, but something went wrong on the assembly line. For example, a specific batch of Christmas lights was wired with insufficient insulation, causing them to spark.
- Failure to Warn: The product did not carry adequate warnings or instructions. If a decoration is not meant for outdoor use but the packaging doesn't clearly state that, and it causes a fire when exposed to snow, the manufacturer is liable.
The Role of Forensic Experts
Proving a product caused a fire requires immediate and sophisticated investigation. Fire destroys evidence, but it rarely destroys all evidence. At Shiraz Law Firm, we work with "Cause and Origin" experts who sift through the debris. They look for "arcing" patterns on wires that indicate an electrical short occurred before the fire started, distinguishing it from damage caused by the fire. Preservation of the scene is paramount. If the insurance company cleans up the site before our experts see it, crucial evidence is lost.
Michigan's Cap on Damages
It is important to understand that Michigan law places a "cap" (limit) on non-economic damages (pain and suffering) in product liability cases. As of recent adjustments, this cap is adjusted for inflation but remains a contentious point in the law. However, there is no cap on economic damages. This means that if a defective product burns down your house, destroys your possessions, and causes medical bills or lost wages, you are entitled to full reimbursement for those financial losses.
Lithium-Ion Batteries: The New Threat
A growing concern in recent holiday seasons is the prevalence of lithium-ion batteries in hoverboards, e-bikes, and remote-control toys. These batteries, if poorly manufactured or paired with incompatible chargers, can enter "thermal runaway," creating an explosion that is difficult to extinguish. These cases often involve complex supply chains with manufacturers overseas. Michigan law allows us to hold the domestic seller liable if the foreign manufacturer cannot be reached or has no assets in the US.
Steps to Take After a Product-Related Injury
If a product injures you or causes a fire:
- Keep the Product: Do not throw away the melted heater or the burnt lights. They are your primary evidence.
- Find the Receipt: Proof of purchase links the product to the specific retailer.
- Do Not Sign Early Settlements: Insurance adjusters for the manufacturer may offer a quick settlement to make the problem go away. These offers rarely cover the full extent of long-term medical care or property restoration.
Product liability is a mechanism to ensure safety standards are met. By holding manufacturers accountable, we not only secure compensation for victims but force companies to make safer products for future holiday seasons.
