Gas Can Explosion Lawsuit – How to Bring a Claim

Plastic gas cans can cause flashback explosions that burn people as they pour gasoline. The Consumer Product Safety Commission has received reports of deaths and emergency room visits involving these explosions since 1998. Lawsuits allege the cans are defective because they lack a flame arrester. Blitz USA and Walmart settled dozens of lawsuits against Blitz USA in 2013 through a bankruptcy fund. The CPSC urged flame arresters on gas cans in December 2013. No MDL covers gas can explosions. Injured people bring individual product liability claims. A federal rule that took effect in July 2024 sets a mandatory flame mitigation standard for prefilled portable fuel containers.

Latest Gas Can Explosion Lawsuit Updates

April 30, 2024: CPSC Makes a Flame Mitigation Standard Mandatory

The Consumer Product Safety Commission published a direct final rule on portable fuel containers [1]. It makes ASTM F3429/F3429M-24 the mandatory standard for prefilled portable fuel containers. The Commission voted 5-0 to publish the rule. It took effect July 27, 2024, which is 180 days after ASTM’s notification.

December 20, 2013: Blitz USA and Walmart Reach a Settlement

Law360 reported that Blitz USA and Walmart reached a settlement of nearly $162 million [2]. Several plaintiffs agreed to drop their objections, according to court documents filed in Delaware. The deal ended what Law360 called sprawling personal injury litigation against the two companies. It settled dozens of lawsuits against Blitz USA.

December 9, 2013: Walmart Agrees to Contribute to a Gas Can Fund

CNBC reported that Walmart agreed to contribute about $25 million to a proposed $161 million fund [3]. The fund was for Blitz USA gas can cases. That is slightly more than 15 percent of the fund. Walmart does not acknowledge any safety defect in the Blitz cans, and the settling parties denied liability for the personal injury claims.

December 5, 2013: CPSC Calls for Flame Arresters on Gas Cans

The Consumer Product Safety Commission called on manufacturers to add flame arresters to plastic gas cans, NBC News reported [4]. The CPSC acted after reviewing federal injury databases. NBC reported at least 80 product-liability lawsuits had been filed for people injured or killed in incidents allegedly involving gas can explosions.

Who May Be Affected?

People burned while pouring gasoline from a plastic gas can may be affected. Lawsuits describe burns and deaths from flashback explosions of plastic cans. Blitz USA was formerly the largest maker of plastic gas cans. As of December 2013, it was in bankruptcy and out of business. Its fund, proposed that month, would cover people injured between July 2007 and July 2012. A claim may involve the maker, the seller or both. Only an individualized legal review can say if you qualify.

Reported Injuries or Damages

Lawsuits allege severe burns and deaths from gas can explosions. They say the explosions sprayed “fireballs of flaming gas vapor and liquid.” These are allegations, not findings. CNBC reported that Blitz and other manufacturers argued that any alleged injuries were caused by the users’ own negligence and misuse. NBC News reported that the CPSC found reports of at least 11 deaths and 1,200 emergency room visits since 1998. They involved reported explosions of gas cans during pouring. These are incident reports, not proof of cause in any case. The CPSC said the results “can be deadly or life-altering.”

Recall and Regulatory Background

No recall names a specific gas can. In 2011 the CPSC declined to issue a rule on flame arrestors. NBC News reported that it said the trade group had not given “sufficient information to show that a rule is necessary.” In December 2013 the same NBC News report quoted the CPSC saying “this technology … should be included in gasoline containers.” It asked standards groups to add a flame arrestor system. The Portable Fuel Container Safety Act of 2020 requires the Commission to require flame mitigation devices in portable fuel containers. A rule does not prove liability in any case.

Evidence to Preserve

Keep these items if you were hurt in a gas can explosion:

• The gas can, cap and spout, kept as they are and not cleaned or discarded
• Purchase receipts and the name of the store where you bought the can
• Photographs of the can, its labels and the scene of the explosion
• Medical and burn-treatment records from every provider who saw you
• The clothing you wore when the explosion happened
• Fire or police reports about the incident
• Names and contact details of any witnesses

Store the can in a safe place away from heat and out of reach of children. Write down what happened while you still remember it.

Filing Deadlines

State law sets the deadline to file a gas can explosion claim. It differs depending on where you live and when the injury happened. Even with strong facts, a claim can end once its deadline passes. Speak with a lawyer promptly to learn which deadline applies to your situation.

Frequently Asked Questions

Can I Sue After a Gas Can Explosion?

You may be able to sue after a gas can explosion, but each claim depends on its own facts. Lawsuits claim plastic cans are defective, and manufacturers have argued that users’ own negligence or misuse caused the injuries.

Do Plastic Gas Cans Need Flame Arrestors?

Do plastic gas cans need flame arrestors? The CPSC’s portable fuel container rule is filed at 16 CFR Part 1461 under Docket No. CPSC-2022-0017. Prefilled portable fuel containers must meet it.

Which Companies Were Named in Gas Can Lawsuits?

Walmart and a maker based in Miami, Okla., were named in gas can lawsuits. Walmart said it was named a defendant in 24 of them. Other can manufacturers also faced lawsuits.

What Does the Research Say About Gas Can Explosions?

Research on gas can explosions includes tests by ASTM International and Worcester Polytechnic Institute of 12 flame arrester designs from six manufacturers. Four designs passed. The risk is highest with very low gasoline volumes, cool temperatures and a 42-degree pouring angle.

Why Do Gas Cans Explode When Pouring Gasoline?

Gas cans can explode when pouring gasoline. The CPSC reported that flammable mixtures of oxygen and gasoline vapors can exist in gasoline containers. This is especially so with small amounts of gas in a large container.

What Did Gas Can Makers Say About Flame Arresters?

Gas can makers’ trade group, the Portable Fuel Container Manufacturers Association, said in 2013 it would be “premature” to add flame arresters. It also said “no device will ever make it safe to misuse the product.”

References

1. https://www.govinfo.gov/content/pkg/FR-2024-04-30/html/2024-09299.htm
2. https://www.law360.com/articles/497535
3. https://www.cnbc.com/2013/12/09/wal-mart-agrees-to-contribute-25-million-to-settle-gas-can-explosion-lawsuits.html
4. https://www.nbcnews.com/news/world/consumer-panel-calls-flame-arresters-gas-cans-after-nbc-report-flna2D11701318