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Class action lawsuit filed against Colsen Fire Pits

Class action lawsuit filed against Colsen Fire Pits

A new class action lawsuit alleges that Colsen Fire Pits LLC sold dangerous fire pits that caused fires and severe burns. Plaintiff Shaneka Barnhart filed the lawsuit on October 28 in North Carolina federal court, accusing the company of violating consumer protection laws.

According to the lawsuit, Colsen sold tabletop fire pits that caused serious burns and failed to warn consumers. This follows an Oct. 17 recall of more than 89,000 fire pits after reports of escaping flames, leading to injuries that required hospital stays and surgery. Colsen acknowledged 31 incidents in which flames escaped, 19 of which resulted in burns.

In a statement on its website, Colsen urges consumers to throw away the fire pits: “We urge you to immediately stop using your Colsen brand fire pit and dispose of it with your household waste. DO NOT resell or donate them. It is a violation of federal law to sell or distribute recalled products.”

Barnhart, who bought her fire pit from Walmart just before the recall, claims Colsen misled buyers by not disclosing the risks. She argues that reasonable consumers would not expect a tabletop fire pit to be so dangerous.

The fire pits, sold from January 2020 to July 2024, were available through Amazon, Walmart and Wayfair. Barnhart is seeking to represent the affected buyers, seeking damages, costs and a jury trial.

The recalled fire pits, which range in size from 5 to 18 inches, were sold from January 2020 to July 2024 through major retailers including Amazon, Walmart and Wayfair.

Dangers of fire pits

Alcohol flames can be invisible and cause flame jets when refilling the fire pit reservoir. Flare blast is a serious event that can occur during the service of alcohol, where the fire backfires into the alcohol container and suddenly expels burning alcohol from the container onto people nearby.

Alcohol can also splash, spill, or leak from the fire pit reservoir during use, causing a flash fire that can spread and cause larger, hotter flames to escape from the appliance.

Using the recalled fire pits can quickly and unexpectedly cause injury, causing burns within a second that can be serious and fatal.