Frank and Allison Maloney lost their home in a fire, after their four year old son found a beer-bottle-shaped-lighter in Allison's purse and accidently set their living room ablaze.
Because the losses exceeded the amount recoverable under their insurance policy, Nationwide--the insurance carrier--and the Maloneys sued the lighter's manufacturer in the Dutchess County Supreme Court claiming "strict products liability."
When the company's request to dismiss the case was denied, it appealed.
Since meeting minimum federal safety requirements didn't relieve the company of liability, the Appellate Division, Second Department, thought that unresolved product-design questions warranted the case proceeding to trial.
They sure lit a fire under that.
To view a copy of the Appellate Division's decision, please use this link: Nationwide Ins. Co. v. New York Lighter Co., Inc.