Fire Pit Injury Lawyer — Board-Certified Representation for Burn Victims Nationwide Help

Yes — and in many fire pit burn cases the Chinese manufacturer is not your strongest defendant anyway. The more powerful claims are against the American retailers who sold the product. Amazon, Wayfair, and Walmart are U.S. companies subject to U.S. courts, and all three received CPSC warnings and injury reports before you were burned and continued selling. Under U.S. product liability law every company in the distribution chain — importer, distributor, and retailer — can be held liable for a defective product regardless of where it was manufactured. A Chinese manufacturer who does not appear in U.S. courts simply means the American retailers absorb more of the liability. In many cases that makes your claim stronger, not weaker. The retailer and online seller liability page explains how this works in detail.

Your case is not over — not even close. The Colsen fire pit manufacturer Gusar LLC has publicly acknowledged it has no funds to offer refunds to consumers. But Gusar is one defendant among several. Amazon, Wayfair, and Walmart — the retailers who sold these products after receiving federal safety warnings — are fully solvent, fully liable, and fully subject to product liability claims in U.S. courts. Under the distribution chain liability doctrine every retailer who sold a defective product bears independent legal responsibility for the injuries it caused regardless of what happened to the manufacturer. A bankrupt manufacturer does not extinguish retailer liability — it redirects it. Our full explanation of what happens when the manufacturer goes bankrupt covers this in detail.

You do not need a receipt to have a case. The product itself — keep it and do not discard it under any circumstances — along with the manufacturer's markings, model number, and purchase records obtainable through discovery are sufficient to establish the full liability chain against both the manufacturer and every retailer in the distribution chain. If you purchased through Amazon or Wayfair your order history in your account is retrievable even years later. If the purchase was made by someone else as a gift, that person's records and account history are obtainable through discovery. A receipt helps but its absence does not end your case.

This is a more nuanced situation but it does not necessarily end your case. Several theories may still apply. First, if the product was subject to a federal recall at the time of your injury, the original manufacturer and retailer may still bear liability for placing a defective product into the stream of commerce — liability that does not disappear simply because the product changed hands. Second, if the person who sold it to you knew about the recall or the known hazard and failed to disclose it, they may bear independent liability. Third, if you can identify the original retailer where the product was first sold — through the product's serial number, markings, or the seller's knowledge of where it came from — the original retailer liability chain may still be accessible. These cases require more investigation than a straightforward new-purchase claim but they are worth a free case review to evaluate the specific facts. Call 1-800-447-3473 and let us determine what options are available.

This firm represents fire pit burn victims nationwide. David Willis is licensed in Texas and New York and works with qualified co-counsel in other states to ensure your case is handled under the correct local rules and statutes. Call 1-800-447-3473 regardless of where you were burned.

Stop all communication immediately and call this firm before saying another word. Insurance adjusters are trained to gather statements and often attempt to shift liability to the burn victim or others so they can minimize what their company pays. Do not give recorded statements. Do not allow the insurance company to take possession of the product or do any type of testing, Do not accept any settlement offer, as it can adversely affect any lawsuit against the manufacturer, online retailers and others and may force your case into Federal Court, instead of friendlier state courts. Do not sign any release of any kind without speaking with an experienced product liability attorney first.

Filing deadlines or statutes of limitations vary by state and in most states begin running from the date of your injury — not the date of any recall. Texas: two years. Florida: four years. California: two years. Missing your deadline means permanently losing your right to sue regardless of how strong your case is. Call 1-800-447-3473 today if you have any uncertainty about your deadline.

Case value depends on burn degree and depth, total body surface area affected, location of burns on your body, past and future medical costs, lost income and earning capacity, and the extent of permanent disfigurement. Fire pit product liability cases against major retailers carry significantly higher values than ordinary accident cases because of the corporate knowledge element — defendants who received CPSC warnings and kept selling face punitive damage exposure that fundamentally changes the settlement.

Every credential on this page is independently verifiable before you make a single phone call. Board certification at tbls.org. Texas Bar license at texasbar.com. New York admission at the New York State Attorney Search. Client reviews on our client testimonials page. Check everything. Then call and let’s discuss your case.