Tabletop Fireplaces Can Cause Catastrophic Burn Injuries: When a Backyard Accident May Become a California Product Liability Case

A tragic incident in Oceanside this weekend serves as a sobering reminder that products marketed for family gatherings can sometimes pose devastating dangers.

According to the Oceanside Fire Department, two children suffered severe burn injuries and were airlifted to a regional burn center after a tabletop fireplace suddenly flashed while the family was roasting marshmallows. A third victim, one of the children’s fathers, sustained burn injuries while rushing to help. Preliminary information indicates that rubbing alcohol was being used as fuel for the device, consistent with the manufacturer’s instructions.

Sadly, this does not appear to be an isolated event.

The U.S. Consumer Product Safety Commission previously warned consumers to stop using certain tabletop fireplaces, including FLIKR Fire products, after multiple reports of catastrophic burn injuries and fatalities. According to the CPSC, these devices can create uncontrollable pool fires and dangerous “flame jetting,” causing sudden flash fires that may severely burn anyone nearby.

When these incidents occur, they are not always simply unfortunate accidents. In many cases, they may involve defective products that expose manufacturers, distributors, retailers, and others in the chain of distribution to liability under California law.

California has some of the strongest product liability laws in the country. Under the doctrine of strict product liability, an injured person generally does not have to prove that a manufacturer was negligent. Instead, the focus is whether the product itself was defective and whether that defect was a substantial factor in causing the injury.

There are three primary theories of strict product liability in California.

• Manufacturing Defect. A manufacturing defect exists when a product departs from its intended design because something went wrong during the manufacturing process. Even if the overall design is safe, a mistake in production can make an individual product unreasonably dangerous.
• Design Defect. A design defect exists when the product’s design itself creates an unreasonable risk of injury. In cases involving tabletop fire devices fueled by rubbing alcohol, investigators may examine whether the product’s design allows dangerous fuel vapor accumulation, uncontrolled flame propagation, or flash fires that could have been prevented through a safer alternative design.
• Failure to Warn. Manufacturers also have a duty to provide adequate warnings and instructions regarding foreseeable dangers associated with their products. If a product can create sudden flash fires during ordinary use, consumers should receive clear, prominent warnings explaining those risks. Instructions that encourage users to handle highly flammable fuels without adequately warning of vapor ignition hazards may be legally insufficient.

In addition to strict liability, injured consumers may also have claims based on negligence, breach of warranty, or other legal theories depending on the circumstances of the incident.

Children are particularly vulnerable in these situations because they often have no appreciation of the hazards presented by flammable liquids or rapidly spreading flames. Products intended for family gatherings should be designed with foreseeable use around children in mind.

Determining whether a product was defective requires a prompt investigation. It is often critical to preserve the product itself, obtain photographs, retain packaging and instruction manuals, identify where the product was purchased, and document the injuries before important evidence is lost.

Our thoughts are with the children and family affected by this heartbreaking incident. We hope they receive the specialized medical care they need and make as full a recovery as possible.

At North County Injury Lawyers, we represent individuals and families throughout California who have been seriously injured by defective products, dangerous consumer goods, and other acts of negligence. If you or someone you love has suffered severe burn injuries or believes a defective product caused serious harm, our firm can investigate the incident, preserve critical evidence, and help determine whether a product liability claim may be available.