Fire Pit Recall Follows Reports of Injuries and Deaths

Tabletop and indoor fire pits are advertised as fun, decorative products that create a sense of ambiance. Some of these devices are marketed and sold as indoor “s’mores makers.” A recent recall warns that their use can lead to severe burn injuries. The Consumer Product Safety Commission (CPSC) issued a warning on December 19, 2024, and recommended that consumers immediately stop using and discard these fire pits and that retailers stop selling them. According to the recall, the product violates voluntary safety standard ASTM F3363-19, which relates to unvented liquid and gel-burning portable devices.

The tabletop fire pits, which include popular brands like Colsen and FLIKRFIRE, are part of a multi-billion dollar industry that has been on the rise for years. However, the risks associated with these smaller, portable, liquid fuel-burning devices are coming to light, and lawsuits appear to be on the horizon. Other brands, like Weyland, which is available on Amazon, may also pose similar risks.

What are the risks associated with these fire pits?

The recalled fire pits use isopropyl and rubbing alcohol as fuel, which the user pours into an open metal bowl in the center of the product. The alcohol burns within the bowl without creating a great deal of smoke. Companies advertise the devices with this feature highlighted as a benefit. Unfortunately, the liquid fuel design creates some serious dangers, including:

• Pool fires: Igniting alcohol in an open container like a fire pit can lead to an uncontrolled fire that spreads outside of the device. Users face increased risks of burns if the flames spread.
• Flame-jetting: People may attempt to refill the fuel while the device is burning. The results can be flame-jetting, which involves the fire projecting and spreading, potentially leading to explosions.
• High-burning temperature: While the risk of spreading flames is serious, another issue is the high burning temperature of liquid fuels. Ethanol and isopropyl alcohol burn at over 1,600°F. At those temperatures, a person can suffer a third-degree burn in less than one second.

Reported injuries related to fire pits

Tragically, two deaths and 60 injuries have been reported related to tabletop fire pits since 2019. There are 31 cases reported involving flames escaping from the containers, and 19 of those cases resulted in burn injuries.

 

It’s likely that other accidents related to the devices occurred, but they went unreported.

Are the fire pits defective?

Product liability claims allow consumers to recover damages if they suffer injuries from a defective product. There are different types of defects that might make a product dangerous. The categories of defects include:

• Design flaws: An issue with the design of a product will impact every item manufactured. Design defects mean that the original plans and design of the product are flawed and that even when it’s manufactured properly, the product will be unsafe for consumers. In the case of the fire pits, the design could be defective as it creates fire risks even when consumers use it as intended. The product might lack the proper safeguards to prevent the spread of flames or to stop flame-jetting risks.
• Failure to warn: A failure to warn defect occurs if a product carries certain risks, and the manufacturer neglects to warn customers about the possibility of injury related to the device.
• Manufacturing flaws: In the case of manufacturing flaws, the issue might not impact all of the products but could occur because something went wrong during production – such as contamination of a food or medication that only impacts certain batches.

Reports state that the fire pits violate a standard design meant to prevent pool fires and flame jetting. The specific issue is a violation of the technical safety standard, ASTM F3363-19.

Virginia product liability laws

If a defective product injures someone, they might be able to file a product liability claim. There are several legal grounds for holding a company accountable for defective products.

• Negligence: The theory of negligence requires that the company failed to exercise reasonable care in designing, manufacturing, or marketing the product.
• Breach of warranty: The product failure or hidden danger may constitute a violation of any express warranties or implied warranties of merchantability or fitness for a particular purpose. In other words, if the product is inherently dangerous when used for the very purpose for which it was sold – in this case, for enjoying an open fire indoors – then the company may be liable.

Product liability lawsuits are complex both legally and factually, and consumers should consider consulting with an experienced product liability attorney to better understand their rights. There is a two-year statute of limitations for filing these claims, which begins on the date of the injury, so it’s important not to wait before speaking to an attorney.

If you or a family member experienced injuries because of a defective tabletop fire pit or s’mores maker, you should speak to an experienced personal injury attorney today. Call Phelan Petty or fill out our contact form for a free consultation with one of our product liability lawyers. We can help you hold the company that caused your injuries accountable.