Gap, Inc. sued over flannel pajama burn injury of 13-year-old boy

By Mary Mitchell

Published on May 10, 2006

The attorney for Toby Combs and his mother Tara Pollock noted that Toby was hospitalized for several days after the May 2004 incident and that the fire left permanent scars on Toby's legs. The pants had been purchased at a Fort Wayne, Ind.-area Gap store as a Christmas present. The complaint contends that the Gap flannel pants Toby was wearing did not comply with the federal standards for children's sleepwear, and according to an investigation of the product by the U.S. Consumer Products Safety Commissioner, the flannel pants do not comply with the Flammable Fabrics Act.

A Gap, Inc. spokesman said that the company works with all of its clothing manufacturers to ensure that Gap products meet required safety standards. The lawsuit, filed in Allen Superior Court, did not specify damages.

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