Holding Retailers Responsible for Dangerous Products

Many people assume that only the manufacturer is responsible when a dangerous product ends up on store shelves. That’s not always true. Retailers also have a duty to ensure that the products they carry don’t pose hidden dangers. That responsibility becomes greater when the manufacturer lacks the financial resources to compensate people who have been injured.

That’s exactly what we’ve seen with certain tabletop fire pits. After reports that these products could suddenly erupt into flames, causing “flame jetting,” fire spread, and devastating burn injuries, the Consumer Product Safety Commission recalled Colsen-branded tabletop fire pits. For years, these fire pits were sold through Walmart stores and Walmart.com.

But holding a company as large as Walmart accountable is not simple. These cases require lawyers who understand how large corporations operate and who can carefully review how the product was marketed, what warnings were provided to consumers, and what the company knew about the risks before people were hurt.

This is exactly the kind of work The Ammons Law Firm has been doing for decades.

For more than 30 years, we have held manufacturers and retailers accountable when dangerous products cause serious injuries. With over $1 billion recovered for clients, The Ammons Law Firm is often the firm other attorneys turn to when complex product liability cases require the resources and trial experience needed to challenge large corporations.

How Walmart Customers Are Holding the Retailer Accountable

Tabletop fire pits were marketed as stylish home décor. They were sold as small fire pots or portable tabletop fireplaces designed for both indoor and outdoor use. Advertisements often showed families relaxing in the living room or gathering on a patio or deck around a small decorative flame. Because these products are compact and easy to set up, they can seem like a simple, harmless way to bring an open flame into a home or backyard.

But for many consumers, these alcohol-fueled devices sold at Walmart turned out to be anything but safe. These portable flames have been linked to severe burn injuries when users attempt to refuel or relight them.

As reports of burn injuries continued to surface, questions began to emerge about how these products were marketed and what consumers were told about the risks.

The legal questions in these cases often center on what customers were told when they bought the product. That includes whether the warnings properly explained the dangers of invisible alcohol flames and sudden flame jetting, and what actions Walmart may have taken after reports of serious burn injuries began to surface.

Cases against Walmart examine several critical factors:

• What product information was displayed on shelves and Walmart.com
• Whether Walmart monitored customer complaints and injury reports
• When Walmart became aware of flame jetting risks
• What actions did Walmart take to notify previous purchasers

The order of events matters: what was on the packaging when you bought it, when warnings changed, and when customers received notification.

The Barnhart Class Action

In October 2024, Shaneka Barnhart filed a class action lawsuit in the U.S. District Court for the Western District of North Carolina (Case No. 3:24-cv-00945). Barnhart purchased her Colsen fire pit from Walmart shortly before the recall was announced.

The lawsuit alleges that Walmart and Colsen misled consumers by marketing the fire pits as “safe” and “smokeless” while failing to disclose the risks of invisible alcohol flames and explosions during routine use. According to the complaint, “No reasonable consumer would expect a tabletop fire pit to be so dangerous.”

The case highlights a key legal issue raised by many Walmart customers. Product liability cases can involve not only the manufacturer that made the product, but also retailers that sold it. In this lawsuit, Walmart is named as a defendant based on allegations connected to its role in selling the fire pits and the warnings given to consumers.

Retailer Liability When Manufacturers Go Bankrupt

Another issue raised in these cases is what happens when the manufacturer cannot provide compensation to injured consumers.

When Colsen Fire Pits LLC announced it “does not have the financial resources to offer a remedy to consumers,” the legal focus shifted to retailers. Under product liability law, major retailers may be held accountable for selling defective products, particularly when:

• The manufacturer cannot compensate victims
• The retailer controlled product selection and placement
• Injury reports existed before or during the sales period
• Post-recall notification to previous purchasers was inadequate

Walmart does more than provide shelf space. The company selects which products to carry, sets pricing, promotes fire pits in seasonal displays, and controls product descriptions on Walmart.com. When customers buy from Walmart, they reasonably rely on the company’s role in offering the product for sale.

This role carries legal significance.

Understanding Flame Jetting and Invisible Fire Hazards

Many tabletop fire pits are basically small containers that hold liquid alcohol fuel. The fuel sits in an open bowl or compartment and burns right off the surface. Because alcohol flames can be very hard to see, people may think the fire is out and try to pour in more fuel. When they do that, any small flame that’s still burning can suddenly ignite the new fuel and cause what’s known as flame jetting, sending a burst of fire back toward the fuel bottle and onto anyone nearby.

When this happens, the fire spreads almost instantly. Flames can jump outward in a flash, burning people standing nearby and scorching hands, arms, legs, the face, and scalp within seconds. Second- and third-degree burns can occur before someone even realizes what happened.

Because these burns develop so quickly, victims often require immediate emergency treatment. Many are rushed to the emergency room or admitted to specialized burn units for intensive care. Early medical records, including emergency room notes, burn unit evaluations, and surgical reports, can become important to a case because they document the extent of the injuries and how the burns occurred in the first hours after the incident.

Burn injuries from these fires can be life‑changing. Many people spend weeks in the hospital and go through painful skin graft surgeries. Recovery often requires months of rehabilitation to move comfortably again, and even then, many are left with permanent scarring and long‑term physical limitations. In the most tragic cases, families are left grieving someone they loved after a loss that should never have happened.

Claims in these cases often involve the cost of long-term medical care, lost income, pain and suffering, and the lasting financial impact of such a devastating injury. When a loved one dies from burn injuries, families may also pursue a wrongful death claim.

Building a Case Against a Major Retailer

Product liability cases often involve more than one company. A product may move through several businesses before it ever reaches a customer. The manufacturer designs and produces it, while retailers like Walmart choose to place it on store shelves and offer it for sale. In lawsuits involving Walmart, the focus often turns to the retailer’s role in selling the product and what customers were told about the risks.

Because Colsen Fire Pits LLC has stated that it lacks the financial resources to compensate consumers, many lawsuits have focused on Walmart’s responsibilities as a major retailer. Public court filings show that plaintiffs have named Walmart alongside manufacturers in cases alleging flame-jetting hazards and inadequate warnings related to burns from tabletop fire pits.

Preserving Critical Evidence From Your Walmart Purchase

Evidence in Walmart cases is often time-sensitive. If you still have the receipt, proof of purchase, or the product packaging, keep those items. They may show when the fire pit was purchased and what warnings or instructions were provided at the time of sale.

Purchase records can also become important. Credit card statements, online order confirmations, and store receipts may help confirm where and when the product was bought.

The fire pit itself should be preserved in the condition it was in after the incident. Do not attempt to clean, repair, or discard it. Even if the fire pit was damaged during the explosion or fire, investigators and fire experts may still be able to examine it.

Medical records should be requested immediately. Emergency room notes, burn unit records, and surgical reports can help document the extent of the injuries and the treatment required in the hours and days after the incident.

The Resources Needed to Take On Walmart’s Legal Team

A burn case involving a product sold by Walmart is not a simple personal injury claim. Large retailers defend these claims aggressively, often with experienced legal teams and significant resources.

Determining what happened usually requires careful investigation and technical expertise. Fire investigators and engineers may be needed to analyze how the fire started, while burn specialists help explain the severity of the injuries. These cases also require extensive preparation, including reviewing company records, taking depositions, and preparing the trial evidence.

The Ammons Law Firm has the resources that other firms do not have to go to trial. We have a history of success standing up to large retailers and major corporations.

Contact a Walmart Tabletop Fire Pit Burn Injury Lawyer at (281) 801-5617

If your family has suffered serious burns from a tabletop fire pit purchased at Walmart, do not wait to consult with an attorney. Evidence can change over time and may eventually disappear. Purchase records are not kept indefinitely, and physical evidence can be lost or damaged over time. The earlier an attorney becomes involved, the more evidence can be preserved.

If you have questions about what happened, what records may be important, or whether a claim should be evaluated, contact 281-801-5617 to speak with a product liability lawyer. The consultation is free, and there is no fee unless a recovery is made.

If you suffered burn injuries from a Walmart tabletop fire pit, our product liability lawyers can review what happened and explain your legal options. Call (281) 801-5617 to speak with an attorney about whether a claim may be available under product liability law.