Case details
Plaintiffs: Tabletop firepot, gel fuel inherently dangerous
SUMMARY
$4100000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
burns, death
FACTS
On the evening of July 3, 2011, the plaintiffs’ decedent, 84, was with her daughter and son-in-law when a tabletop firepot exploded. The son-in-law sustained minor burns while trying to put out flames on his mother-in-law. The decedent, who lived with the couple, sustained burns to 30 percent of her body and died three days after the incident. The firepot looks like a vase and was intended to be used with refillable, pourable gel fuel alcohol. The explosion occurred as more gel was being filed into the firepot after the flame appeared to be extinguished. In June 2011, the manufacturer of the gel fuel agreed to recall the fuel after an investigation by the federal Consumer Product Safety Commission was initiated following dozens of similar incidents. The decedent’s estate and four adult heirs brought suit against the product’s designers, distributors and packagers, contending that both the design and warnings associated with both the firepot and gel fuel were inherently dangerous, since when used as intended the firepot had the potential to explode and cause , as occurred in the subject case. The product defendants claimed that the plaintiffs were negligent for adding fuel to a hot or lit firepot, that they failed to heed the product warnings, and that each of their respective products was not defective. , The decedent sustained burns to 30 percent of her body and was hospitalized for three days until her death. The defendants contested the severity of the decedent’s and the extent of the estate’s non-economic damages.
COURT
Superior Court of San Luis Obispo County, San Luis Obispo, CA
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