Defective Smoke Alarms & Smoke Alarm Lawsuits
Mobile, Alabama
CONSUMER COMPLAINTS
We know how ionization smoke alarms perform in the UL 217 laboratory smoke box test. They pass with flying colors. But, how do the smoke alarms perform in real‑world fires?
When our law firm litigates with a smoke alarm manufacturer, we request complaints from consumers who write or call the manufacturer complaining about the performance of ionization smoke alarms in their homes. The smoke alarm manufacturers do not like producing these consumer complaints, so trial judges typically have to compel the smoke alarm manufacturers to produce them. When we eventually get the consumer complaints, we contact some of the consumers and ask that they give a video deposition. The testimony of these consumers can be truly amazing. Some of these videos can be viewed on our website at www.taylormartino.com.
The consumer complaints tell us two significant things. First, the consumer complaints tell us how the smoke alarms perform in real‑world. The consumer complaints and the testimony of the consumers clearly show that ionization smoke detectors do not perform as they perform in the UL 217 laboratory smoke box. For example, one consumer testified under oath that he had 3 fully powered ionization smoke alarms in his home when he went to bed. He awoke to a house full of smoke and none of the alarms had sounded. He was alarmed that they did not sound and he sent all 3 smoke alarms back to the manufacturer along with a complaint letter. The manufacturer placed the 3 smoke alarms in a UL 217 smoke box and they passed the test. The manufacturer sent a standard form letter explaining why his smoke alarms did not sound. The response letter from the manufacturer stated that smoke did not reach the alarm (not true according to the sworn testimony) or it was cold smoke in the house (whatever that is.)
Secondly, the consumer complaints and documents tell us that the smoke alarm manufacturers know how their ionization smoke alarms perform in real‑world . In one case, over 370 consumer complaints were produced, and in another case over 100 consumer complaints were produced. Our law firm has taken the depositions of the representatives of each major smoke alarm manufacturer whose responsibility is to monitor consumer complaints. The testimony of these representatives boggles the mind. For example, a corporate representative for Kidde testified as follows:
Q. ...well, first of all, you agree with me that Kidde knows about this phenomenon, being, your house will fill with smoke and your ionization won’t sound, it knows about that, didn’t it?
A. Apparently, yes.
Q. Okay. And it’s apparent because they even have people calling and had to make it a frequently asked question and to have a response to it, right?
A. Yes.
Q. Okay. Yet that is not communicated to the folks like the Spencer family when they went to buy their smoke detectors, is it?
A. It is not communicated on the packaging – that question is not communicated on the packaging.
Q. And even though you agree, as 23 years with this company, that it’s a safety concern, it’s not communicated, is it?
A. No, it’s not on the packaging.
Similarly, a BRK representative testified as follows:
Q. . . . Has it to this day ever caused you any concern that on average you receive a call a week from folks saying, this smoke detector is not responding to smoke?
A. Well, I'm not sure what you mean by concern. We certainly took any call or inquiry like that seriously so that we would make arrangements to get the detector replaced and in‑house for testing.
Q. Well, by concern I mean do you ever kind of worry about it or lay awake in bed going hmm, that sure is a lot of calls we're getting in on these smoke detectors that people rely on to save their life?
A. Well, if the detectors weren't working then I would be concerned.
* * * * *
Q. And you [have] received hundreds of complaints of people saying this smoke detector didn't respond to smoke?
A. We have.
The bottom line is that the smoke alarm manufacturers know ionization smoke alarms are defective, but they do not tell people.
