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  #1  
Old 05-01-2003, 01:26 AM
twiztid-kaos
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A defective candle


Alright i am not a lawyer i just came here to see if anyone can help.

My sister recently bought a candle. It's called Tropical waters, it was made by Endar Corp. Anyways, my sister lit this candle and layed down. Next thing anybody knows is that there are flames shooting from the side of the candle. It caught the side wall on fire in her room and also caused excessive damage to her walls, and desk. Her clothes were ruined by the fire and so on.
After the fire we examined the candle and noticed the candles glass, which the candle was in (boughten that way), had cracked.
My question is what could we legally do? My mother suffers third degree burns on her arms, my sisters room has excessive fire damdage, and the house is in near shambles. What can we legally do?
I guess that is my main question.
  #2  
Old 05-01-2003, 01:31 AM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191

Re: A defective candle


Quote:
Originally posted by twiztid-kaos
Alright i am not a lawyer i just came here to see if anyone can help.

My sister recently bought a candle. It's called Tropical waters, it was made by Endar Corp. Anyways, my sister lit this candle and layed down. Next thing anybody knows is that there are flames shooting from the side of the candle. It caught the side wall on fire in her room and also caused excessive damage to her walls, and desk. Her clothes were ruined by the fire and so on.
After the fire we examined the candle and noticed the candles glass, which the candle was in (boughten that way), had cracked.
My question is what could we legally do? My mother suffers third degree burns on her arms, my sisters room has excessive fire damdage, and the house is in near shambles. What can we legally do?
I guess that is my main question.

My response:

"Boughten"? What is "boughten"?

Make a homeowner's insurance claim, and tell your sister never to fall asleep with lit candles.

IAAL
  #3  
Old 05-01-2003, 01:39 AM
twiztid-kaos
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sorry i am a little pissed so my spelling is off and so is my grammer.
we live in an apartment.
no homeowners issurance
  #4  
Old 05-01-2003, 02:53 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally posted by twiztid-kaos
sorry i am a little pissed so my spelling is off and so is my grammer.
we live in an apartment.
no homeowners issurance
**A: my grammer said you have bad speling.
  #5  
Old 05-01-2003, 04:18 AM
attyhcl
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Initially, you would be well served to take photographs of all of the damage caused by the defective candle along with photographs of the injuries sustained by your mother. Do not do anything to cause further damage to the candle and retain it in a safe place. If you have the reciept for the candle, retain that as well or, at the very least, note where and when it was purchased. Finally, be sure to keep records with regard to all out of pocket expenses caused by this situation. You should also contact an attorney immediately. Although product liability statutes vary from state to state, in most states the manufacturer will be strictly liable for damages caused by their product if proved to be defective. An expert may be needed to do testing on the candle at some later time. I would be happy to talk to you further about this claim and if you are not located in my area, I would be happy to refer you to an attorney from your area who handles these types of cases.

Harris C. Legome, Esquire
Wallace & Legome, LLP
129 West Evesham Road
Voorhees, New Jersey 08043
[email]Attyhcl@aol.com[/email]
856-428-5500
  #6  
Old 05-09-2003, 10:37 AM
pamela vandi
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gel candles


There have been warnings on the internet for years about gel candles. Some of these warnings are exaggerations, but I was fortunate to have read the e-mails on the subject before one of my friends gave me a gel candle as a gift. I did not know that the candle I received as a gift was the type described in the e-mail warnings, as neither the candle's glass casing nor the box that the candle came in said "gel candle." I figured out that the candle was of the type described in the e-mail warnings when it was difficult to blow out--it FOUGHT BACK!--and the glass casing became excessively hot.
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