BY MARK CHUBB
On May 12, the United States District Court for the Northern District of Alabama granted preliminary approval to a $4.5 million settlement agreement in a two-year-old class action lawsuit brought against BRK Brands, Inc. and the Sunbeam Corporation. The suit, brought on behalf of purchasers of ionization or photoelectric smoke alarms under the brand names First Alert, Family Guard, Wake ‘N Warn, BRK Electronics, and BRK Brands, alleged that the companies failed to disclose to consumers the limitations of ionization and photoelectric smoke alarms.
The plaintiffs alleged these limitations include the following:
- Ionization smoke alarms detect fast, flaming fires (e.g., cooking fires) better than slow, smoldering fires (e.g., those starting in upholstered furniture and bedding).
- Under certain circumstances, ionization smoke alarms can fail to provide a signal warning of a fire even when the detector senses smoke.
- Ionization and photoelectric detectors are limited in their effectiveness in detecting the full spectrum of smoke aerosols produced by household fires.
- Corrosion between the piezo crystal and metallic components of the horn or sounder housing can prevent the devices from sounding.
- The audibility of some smoke alarms’ sounders is inadequate to awaken occupants, as demonstrated by failure to pass tests required by Underwriters Laboratories, Inc.
For the most part, none of this is new or startling. Many fire engineers, fire service leaders, and participants in the fire safety codes and standards system have known these things for years. Indeed, the limitations of smoke alarms in general-the fact that they are imperfect protection-is something we all know but prefer not to ac-knowledge publicly. This settlement seeks to end the silence.
The fact that BRK Brands, Inc. and Sunbeam Corporation must now pay for our mistakes-those of the fire service and the fire protection industry in general-is unfortunate but was probably inevitable. As part of the settlement, the companies have agreed to launch a public service campaign aimed at informing the fire service of the limitations of these lifesaving products and enlisting our support in telling the public.
What we will be asked to tell the public is still uncertain. In the past, we have acted in concert with the manufacturers and distributors of smoke alarms to require their products in nearly all domestic dwellings. The message we used to convince somewhere between 85 and 95 percent of all American households to install at least one smoke alarm was simple: Smoke alarms save lives. What we didn’t tell them often enough was equally simple: Not always.
As the number of households with smoke alarms increased sharply, the number of fire deaths declined dramatically. But as a nagging consequence of such success, the number of people dying in fires in homes equipped with smoke alarms has increased. And, as one would expect, the number of lawsuits brought by their survivors has increased, too.
Smoke alarms do not always alert people and sometimes do not sound soon enough to save them for many reasons. Some of these are within the control of the smoke alarm manufacturers. Some responsibility rests with the people who install the smoke alarms. The rest remains with homeowners or tenants. This said, the fire service should accept some of the blame for promoting fire protection over fire prevention.
Many fire departments promote smoke alarm installation and battery replacement. How many actually conduct voluntary door-to-door home inspection to verify smoke alarms are properly located and maintained? If they did, perhaps more emphasis on fire prevention would result.
Many departments now circulate press releases and public service announcements to promote public awareness. Some go further and produce local access television programs or purchase advertising space in newspapers or airtime on radio and television. Others erect signs or billboards to spread the word.
In the vast majority of instances, these efforts to promote public awareness of fire dangers seek to encourage the installation or maintenance of smoke alarms, fire sprinklers, and other fire protection devices. By emphasizing fire protection instead of fire prevention, we have accepted that the public is either too ignorant or too apathetic to take concerted and consistent action against fire threats.
Before BRK introduced the first practical battery-operated smoke alarm in 1969, we had little choice but to promote fire prevention. After the advent of the inexpensive and reasonably effective smoke alarm, many of us in the fire service simply accepted that fires happen. We all but stopped trying to convince people to do things that would guarantee that they wouldn’t need to rely on their smoke alarms.
Giving people something quick, easy, and inexpensive to do to reduce but not eliminate the risk of death when fires occur worked. When we realized people were listening, we asked them to do more. If one smoke alarm is good, then several smoke alarms must be better.
By not asking people to take responsibility for their own fire safety all the time, not just when they bought or installed smoke alarms, we acted irresponsibly by giving in to our enemy fire and to our own innate fears that fires might actually be preventable.
Buying our way out of complex problems with way-too-simple solutions is the American way: a new and different pill for every ailment. But as we have seen time and time again, whatever short-term relief we achieve is offset by more, often more complex, problems in the future. Of course, this must appeal to someone because all these new problems require new solutions.
The next solution will come in the forms of media kits, retailer outreach, and the public service campaign BRK and Sunbeam must launch if the settlement agreeement receives final court approval in September. The silver lining behind this black cloud comes in the form of $5 rebate coupons for consumers in the class. They can apply them toward the purchase of a new BRK dual-sensor smoke alarm incorporating both ionization and photoelectric detector elements.
Before the fire service agrees to promote the party line, we must ask ourselves, “At what price?” Our credibility, like that of BRK and Sunbeam, must now be considered tarnished. We cannot afford to ignore the corrosive effect of our complicity on public confidence and competence managing the fire menace.
Getting the message right and getting it to the right people must become a priority for the American fire service. We can start by putting the wisdom of that great American and Father of the American Fire Service, Benjamin Franklin, into action: “An ounce of prevention is worth a pound of cure.” n
Smoke Alarm Settlement Web Site
BRK Brands, Inc. has established a Web site at http://www.BRKSmoke AlarmSettlement.com to provide consumers with information about the class action settlement in the case of Natasha Claybrook, et al. v. BRK Brands Inc., et al. (Civil Action No. CV-98-C-1546-W). The documents available from the site include copies of the preliminary approval order, stipulations between parties, short- and long-form public notices, and information about the prospective rebate program. Parties who objected to the settlement between the parties had until August 11, 2000, to file opposing petitions with the U.S. District Court in Birmingham, Alabama. If the court has received no substantive objections, the settlement will have become final following a fairness hearing set for September 19, 2000 (after press time).
Ideas for Fire Prevention in the Home
The most common causes of fires in the home offer plenty of ammunition for public awareness campaigns regardless of whether your fire department aims at a target audience or the community-at-large. Here are three ideas for fire prevention messages you can use to get started:
- Matches and lighters: tools, not toys. Child fireplay and firesetting cause incredible damage and untold suffering. Curiosity about fire is only natural. Telling grown-ups to keep matches and lighters out of the reach of children won’t help kids learn the dangers fire poses. Most experts now advise adults to speak frankly with youngsters about fire, and encourage parents and caregivers to involve children in supervised activities that involve fire. Letting kids see how fire works firsthand when you light the barbecue, build a log fire, or cook dinner atop a gas range will strip fire of much of its mystery while encouraging a healthy respect for its power and utility.
- Watched pots don’t burn. Unattended cooking causes more fires in the home than any other single cause. When you can’t stay by the stove, don’t leave it unattended for long. Keep burners turned down low, cover pots, and set timers as a reminder to return. Make sure combustibles are kept well away from burners and stovetops, drip trays are kept clean, and burners are turned off when finished. Finally, save the drinks for dinner. Too much alcohol could result in untimely toasting if you doze off before dinner’s done.
- Shed light on the use of candles. The rediscovery of candles’ natural light and warmth has resulted in a renaissance for this ancient industry. Unfortunately, too much of a good thing has left some people burning at both ends. Like cooking, candles can’t be trusted by themselves. Quality candles burn evenly, yield little smoke, and produce scant amounts of waxy residue. Scented and novelty candles may contain materials that cause them to burn unpredictably or produce sooty smoke that leaves waxy or oily residues on some surfaces. Advise civilians to do the following: (1) Discard dangerous candles that develop holes in the side, become unstable, burn unevenly, or produce thick or oily smoke; (2) Place candles on a stable, flat surface where they can’t ignite combustible decorations, draperies, wall hangings, bedding, loose clothing, or other combustible materials; and (3) Blow out candles at bedtime.
Identifying steps people can take to stop fires before they start keeps fire prevention messages positive and promotes their uptake. Getting your message across requires you to identify your audience and look for opportunities to reach it.
If nothing else, most media outlets will cover your failures for free. By practicing a little public relations judo, you can use the weight of a negative news story against itself to promote a positive fire prevention message. You only have to know what to say and when to say it. If you plant your feet firmly on the side of preventing future fires, the rest will fall into place.
MARK CHUBB started his fire service career in Ohio in 1981 and earned a bachelor of science degree in fire science and urban studies at the University of Maryland. He served as fire code coordinator and, later, as executive director of the Southeastern Association of Fire Chiefs between 1993 and 1999. A member of the Fire Engineering editorial advisory board, he now lives and works in Christchurch, New Zealand.
