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Did you know that most prisoners sleep on safer mattresses than you do? Years ago, the government studied the high incidents of intentionally set mattress fires in the prison system. This spawned a market for less flammable mattresses, which have been utilized primarily in prisons, nursing homes, and hospitals, and some hotels. While no standard exists which sets limits on the rate of speed of which mattresses burn, there is a Federal cigarette ignition resistance requirement. DOC FF 4-72 [Federal Register, Vol. 35, No. 175 (Sept. 1971), pp. 18095-18098]. A sheet of newspaper can pass this "smoldering cigarette" standard. A mattress prototype fails the test if a "char" extends more than 2" from the cigarette or if the mattress ignites. There is no open flame ignition standard, although one is being advocated by the National Association of State Fire Marshals (NASFM).

What makes mattresses extremely flammable? Polyurethane foam for one. And a lot of it. Most contain this petroleum based material known by some fire experts as "solid gasoline". This is the same fiercely burning foam product that makes upholstered furniture involved in more residential fire deaths annually than any other product under the jurisdiction of the CPSC. Polyurethane foam has some chemicals which share the same combustion rating as kerosene and gasoline.

In 1988, the British government banned the use of non-flame retardant polyurethane foam in mattresses. The standard, DS 6807 (1986), was utilized in Furniture and Furnishings Regulations (1988 SI No. 1324). It is said that the approximate 5% increase in cost provides substantially more safety and no loss in comfort.

Generally, mattresses are large and loaded heavily with combustibles making for a large fuel source if ignited. A mattress can generate sufficient heat energy within several minutes to bring a standard size room to flash over conditions. The Dateline television program has recently aired a segment on the dangers posed by these products. It can be viewed in audio and video at http://www.msnbc.com/news/376095.asp?cp1=1.

Product liability theories dominate injury and death claims where mattresses are ignited early in residential fires, sounding in negligence, strict liability, and breach of warranty. Smoking and alcohol use can pose significant obstacles for the plaintiff, as many such fires involve the use of these in the ignition scenario. Also, bedding materials such as pillows, bedspreads, etc., are fairly flammable as well, and can also pose additional problems for the plaintiff. Fires involving baby crib mattresses, and even children's play pens, using polyurethane foam as padding materials are sources for claims for compensation. Contact Robert P. Foster with any questions, fact scenarios, referrals, or associations related to mattress fires.

Feel free to contact Robin P. Foster, FOSTER & FOSTER, L.L.P., with any questions or comments relating to issues of flammability.