Lexington couple files latest of national lawsuits alleging burns from table-top fire pit
A Lexington couple on Tuesday filed a product liability lawsuit in Fayette Circuit Court alleging they suffered severe burns from a defective table-top fire pit.
The couple, Erin Hurst and Trevor Jones, filed a lawsuit against Florida companies Colsen Fire Pits, LLC and Gusar, LLC; Amazon.com, Inc.; and Vanessa and Gaines Womack, at whose Lexington home they allegedly received injuries in April.
Colsen Fire Pits have been the subject of at least two federal lawsuits in Florida and Texas, respectively, according to federal court documents.
Attorneys for the defendants had not been identified in court documents or filed responses Tuesday.
The fire pit is a device manufactured by Colsen and Gusar, which is comprised of an 18”x4” black concrete rectangular shell with a smaller rectangular metal insert in the middle of the shell, the lawsuit said.
The fire pit is used by pouring isopropyl alcohol or some other similar flammable liquid into the metal insert and lighting the liquid on fire.
Prior to the purchase of the fire pit by the Womacks, several reviews of the Colsen and Gusar fire pit were posted on Amazon’s website warning of “the unreasonably dangerous nature of this product,” the lawsuit said.
The same type of fire pit was banned in Australia and Canada prior to the Womacks’ purchase of the fire pit, according to the lawsuit.
Hurst and Jones, who married in June, suffered severe and permanent bodily injuries, including severe burns over significant portions of their bodies and were forced to cancel their St. Lucia honeymoon due to their injuries and in order to avoid any significant exposure to sunlight.
“While both Erin and Trevor were burned, Trevor received the worst of it,” said Al Grasch, their Lexington attorney. “Trevor ended up suffering second and third degree burns over approximately 40% of his body.
“Basically, the left half of his torso and his entire left arm and hand were burned. He initially was treated at UK but almost immediately transferred to a specialized burn unit at (the University of Louisville),” he said.
“He stayed there almost one week and then was transferred to Cardinal Hill in Lexington for about another week for further treatment and rehabilitation,” Grasch added. “He’s discharged now but has ongoing physical therapy. He has to wear specialized clothing and is required to stay out of the sun for one year. “
According to the lawsuit. on April 27, 2024, while the plaintiffs were at the Womacks’ residence, the Womacks were burning alcohol or some other flammable liquid in the Colsen/Gusar fire pit placed on a table around which Hurst and Jones and the Womacks were sitting.
The lawsuit said while the flammable liquid was still lit and burning, Vanessa Womack, squirted or poured isopropyl alcohol onto the existing flame in the fire pit. The adding of isopropyl alcohol by Vanessa Womack to the already burning flame in the fire pit caused the existing flame to ignite the vapors and liquid coming out of the alcohol container and the fire then extended into the alcohol container.
The alcohol inside the container then ignited resulting in a large flame extending from the opening in the container and shooting across the table, engulfing Hurst and Jones. The phenomena is sometimes referred to as “flame jetting,” the lawsuit said.
The fire pit was packaged and delivered to the Womacks with inadequate warnings, instructions, alerts or notifications as to safe and proper usage, the lawsuit said.
“Amazon’s failure to properly vet the safety and reliability of ... Colsen and Gusar, and the fire pit and failure to properly investigate and warn about the dangerous latent condition of the fire pit even after being made aware of it significantly increased Plaintiffs’ risk of harm,” the lawsuit said.
Hurst and Jones are asking for punitive damages and attorney fees.
