Loving v. Gusar, LLC

On February 23, 2023, Samantha Loving (“Loving” or “Plaintiff”), represented by Cesar Tavares of Williams Hart Boundas Easterby, LLP, filed a personal injury lawsuit against Amazon.com, Inc. and Gusar, LLC DBA Colsen Fire Pits (collectively, “Defendants”), seeking declaratory relief and damages for alleged severe burns suffered by the plaintiff. This case was filed in the U.S. District Court for the Southern District of Texas.

In the complaint, plaintiff alleged, “On June 26, 2022, Plaintiff owned and used a Colsen tabletop rubbing alcohol fireplace indoor outdoor fire pit portable fire concrete bowl pot fireplace (Colsen fire pit) purchased on Amazon.com and sold by Gusar, LLC. The Colsen fire pit was purchased through Amazon’s website, Amazon.com, on April 24, 2022.”

Plaintiff further alleged, “The Colsen fire pit was designed, manufactured, and introduced into the stream of commerce by the defendants Gusar, LLC. And Amazon, who were engaged in the business of designing, manufacturing, licensing, testing, advertising, marketing, warranting, selling, and distributing various types of electronics, including the type of fire pit which injured Plaintiff. The Defendants sold these products, including the Gusar, LLC. Fire pit, via Amazon’s online marketplace and distribution system.”

The plaintiff also alleged, “Amazon heavily portrayed itself as a safe and trustworthy company. Plaintiff believed Amazon would not have allowed dangerous products like the Colsen fire pit to be available for sale on its website. Further, Plaintiff believed that if Amazon learned the Colsen fire pit was dangerous, Amazon would conduct a prompt and thorough investigation of that product and, when appropriate, notify purchasers of that product and/or completely remove the product from its e-commerce platform.”

Plaintiff then alleged, “On or about July 1, 2021, and February 7, 2022, reviewers posted on Amazon’s website the reviews of the Colsen tabletop fire pit. Amazon was therefore on notice of the unreasonably dangerous nature of the Colsen fire pit before it was purchased by Plaintiff and before Plaintiff was injured by it. The unsafe condition including any latent defects that made the Colsen fire pit prone to dangerous overheating, flame jetting, and ignited fuel spilling over was one that a basic investigation by Amazon would have easily and quickly revealed.”

Additionally, the plaintiff alleged, “Despite this, Amazon did nothing to mitigate this danger. Amazon did not properly vet Defendant Gusar, LLC. Before listing their products on Amazon’s website, properly vet the Colsen fire pit before listing it on Amazon’s website, recall, remove, or bar the Colsen fire pit from Amazon’s website, or warn or otherwise notify Plaintiff about the unreasonably dangerous condition of the Colsen fire pit.”

The plaintiff further alleged, “These acts and omissions of Defendants resulted in Plaintiff purchasing the Colsen fire pit. On June 26, 2022, Plaintiff lit the Colsen fire pit in accordance with the instructions. Immediately after the Colsen fire pit was lit and without warning, a fireball erupted startling Plaintiff causing the Colsen fire pit to tip over leak out the ignited alcohol. Plaintiff suffered severe burns to over forty percent of her body. Plaintiff suffered severe burns requiring emergency medical treatment, surgical intervention, and ongoing medical care.”

Plaintiff presented four claims for relief, including alleged strict products liability, breach of express warrant, and negligence.

In the prayer for relief, the plaintiff requested declaratory relief along with an award of damages worth $75,000.00 for bodily injury, disfigurement, conscious pain, suffering, mental anguish, mental suffering, embarrassment, shame, and loss of enjoyment of life. 

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