A new class-action lawsuit alleges Colsen Fire Pits LLC sold dangerous fire pits that caused fires and serious burn injuries. Plaintiff Shaneka Barnhart filed the lawsuit in North Carolina federal court on Oct. 28, accusing the company of violating consumer protection laws.

The lawsuit states that Colsen sold tabletop fire pits that posed a serious burn risk and failed to warn consumers. This follows a recall of more than 89,000 fire pits on October 17 following reports that flames were escaping, causing injuries requiring hospitalization and surgeries. Colsen acknowledged 31 blaze incidents escaped, 19 of which resulted in burn injuries.

In a statement on its website, Colsen urged consumers to throw away their fire pits: “We ask that you immediately stop using your Colsen branded fire pit and dispose of it in your household trash. Do not resell or donate them. Selling or distributing the recalled products is a violation of federal law.”

Barnhart, who purchased the fire pit from Walmart just before the recall, claims Colsen misled buyers by not disclosing the risks. He argues that reasonable consumers would not expect a tabletop fire pit to be so dangerous.

Sold from January 2020 through July 2024, the fire pits were available through Amazon, Walmart, and Wayfair. Barnhart is seeking to represent affected buyers, targeting damages, costs, and a jury trial.

The recalled fire pits, which range in size from 5 to 18 inches, were sold through major retailers such as Amazon, Walmart and Wayfair from January 2020 through July 2024.

Fire pit dangers

Alcohol flames can be invisible and cause flames to erupt as you refill the fire pit reservoir. Flame spraying is a serious incident that can occur when pouring alcohol, when the fire returns to the alcohol container and the burning alcohol suddenly spreads out of the container and onto people nearby.

Alcohol may also splash, spill, or leak from the fire pit chamber during use, causing a flash fire that can spread and create larger hot flames that can escape the unit.

Use of recalled fire pits can cause rapid and unexpected injuries, severe and potentially fatal burns in less than a second.