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Backyard "Firepots" and Similar "Fuel Gel" Products Cause Burns and Other Serious Injuries
You may be entitled to compensation, if you or a loved one have been burned or suffered any other injury from this popular consumer product.
Firepots and How Firepots Work
Outdoor firepots, also known as gel candles or firelites, are decorative lighting devices designed for outdoor use. These firepots typically consist of a ceramic pot with either a metal or a ceramic cup in the middle that holds fuel gel. The burning of the fuel gel creates a certain 'atmosphere' for entertaining outdoors and, in the versions of the fuel gel that include citronella, the fuel gel also helps to repel insects.
Where Firepots Are Sold
Firepots and fuel gels have been sold under a variety of names and at stores across the United States, including Wal-Mart, Bed Bath & Beyond, Home Depot, Restoration Hardware, Shopko, Bon-Ton department stores (including "Younker's" and other Bon-Ton nameplates), Sam's Club and many others.
Firepots Have a Dangerously Defective Design
Firepots and their associated fuel gels have been on the market for a number of years. However, the design of the firepots and the center cups used to hold the burning fuel gel (a/k/a "fuel reservoirs") are dangerously defective.
Often, there are no relevant warnings associated with the use of firepots or the warnings that are provided fail to warn consumers of the causes of the most serious injuries.
Fuel gel is a highly flammable and potentially explosive substance, as it contains a very high concentration of ethyl alcohol. The formulation of these fuel gels and the firepots are defectively designed and, consumers are not properly warned of the dangers of their use.
Serious Injuries Injuries Can Result from Firepot Use
Since April 2010, the Consumer Product Safety Commission has received many reports of serious injuries resulting from the use of these firepots and their associated fuel gel. Injuries typically involve very serious burns and permanent scarring, but other types of injuries have also been reported.
Injuries often occur when the fuel gel unexpectedly ignites while being poured into the firepot reservoir – see, Othon, et al. v. The Bon-Ton Department Stores, Inc. and Bird Brain, Inc. (filed August 23, 2011). In these cases, the consumer believes it is safe to refill the firepot reservoir because the flame is actually extinguished or the flame is burning invisibly or almost invisibly, there again inviting the refilling of the reservoir. See related story at WKCCI.
In other instances, injuries have occurred when the firepot itself simply exploded or its fuel gel reservoir suddenly ejected from the center of the firepot, see ABC news story. These and other types of injuries involving the use of firepots and fuel gels have been reported all over the country, see New York Times article.
Firepot Recalls and Banning of the Sale of Pourable Fuel Gels
In response to mounting reports of injuries, one manufacturer of fuel gel issued a voluntary recall of its products on June 22, 2011. Various municipalities and states have started to address the dangers posed by these products as well, see Illinois Urgent Alert. Eventually, on September 1, 2011, the U. S. Consumer Product Safety Commission banned the sale of virtually all pourable fuel gels in the United States.
To the best of our knowledge, the CPSC is still investigating whether firepots that are fueled by pourable fuel gel should also be removed from the market. In the meantime, some retailers are following the suggestion of the Illinois Attorney General (and other officials with similar beliefs) by ceasing the sale of not only the fuel gel, but also the firepots that are designed to use this dangerous, pourable fuel gel.
Firepots and Fuel Gels Are Still Being Sold
Unfortunately, many other retailers continue to sell these firepots that are designed to only be refilled with the now-recalled pourable fuel. Until the CPSC tells the manufacturers and retailers to stop selling dangerous products, it is up to trial lawyers like us to get the message out to the public and to make these irresponsible companies realize that it is more expensive to injure people than it is to behave like good corporate citizens by refusing to make or sell dangerous products.
Contact Us at 877-788-668 For a Free Consultation
If you or your family or friends have been injured by a firepot or any fuel gel, please call toll free 877-788-6688 or complete the form above, and we will provide you with a free, no obligation, confidential consultation.
You May Be Entitled to Compensation
Our attorneys are already reviewing cases for people who have reported being injured by these products, and we have initiated litigation where appropriate. We would be happy to evaluate your case, advise you of your rights, and help you to protect yourself and your loved ones.
Please keep in mind that time is of the essence in injury cases and, since at least one of the fuel gel manufacturers has already filed for bankruptcy protection, it is especially important for you to act quickly.