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Table Of Contents
What’s the problem?
Portable gas containers are everywhere. Unfortunately, many of these plastic containers have serious manufacturing and design defects that could lead the user to suffer devastating burns, injuries, and even death. These horrible accidents could easily be avoided with slight changes to the design of the container, as well as with proper warnings informing users of the potential for danger.
Problems Associated with Defective Gas Cans
The problems associated with gas cans include:
- The lack of a flame arrestor in the spout of the gas can. This simple modification, which typically costs no more than 50 cents to add, consists of a small metal device with holes fitted into the spout of a gas container. The arrestor functions by forcing the flame to travel through a channel that is too narrow to allow the flame to pass through. This would keep the remaining gasoline in the can from igniting and exploding.
- The lack of proper warnings on the container itself. A bold, visible warning would only cost a few pennies more than the ones used in some cases now and would prevent numerous tragic accidents.
- The lack of child-resistant gas caps. Even though the cost to replace the original cap with a child-resistant cap is typically no more than a few cents extra, the majority of manufacturers still refuse to take the proper action to protect the purchasers of their products.
Oftentimes, what parents and especially children do not understand is how easily gasoline vapors can ignite. A nearby open flame, a natural gas pilot light, and even static electricity can ignite gasoline vapor and cause a gas can to explode. When this is done in the vicinity of a gas can, it can lead to disaster.
Walmart to Pay $25 Million in Exploding Gas Can Settlement
According to CNBC, Wal-Mart is being accused of knowingly selling defective portable gas cans and will shell out $25 million to settle lawsuits filed over the products [1]. As part of the settlement, Walmart has denied liability for the gas cans that have been exploding and injuring or killing consumers.
The plastic gas cans were manufactured by Blitz USA, who has also been named as a defendant in multiple lawsuits. A total of $161 million is being paid out in settlements from all parties involved, and Wal-Mart is contributing about 15% of the overall costs.
Over the last decade, over 80 lawsuits have been entered on behalf of individuals alleging that the gas can(s) they purchased exploded and caused harm, specifically burn injuries. Wal-Mart said it had been named a defendant in at least 2 dozen suits.
Wal-Mart is currently the largest retailer of plastic gas cans in the United States and has sold tens of millions of cans that are allegedly defective. Blitz USA, the manufacturer of these cans, is in bankruptcy, as a result of the legal claims.
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FAQs
1. Are There Any Specific Brands of Gas Cans That Have Been Linked to Explosions?
Certain gas can brands, particularly those lacking flame arrestors, have been linked to explosions. Identifying these brands can strengthen a potential lawsuit. Legal advice is recommended.
2. What Steps Should I Take Immediately After Being Injured in a Gas Can Explosion?
Seek medical attention immediately, document the scene with photos, preserve the gas can as evidence, and contact a lawyer to discuss your legal options and potential claims.
3. Can I File a Lawsuit if a Loved One Was Killed in a Gas Can Explosion?
Yes, you may file a wrongful death lawsuit if a loved one was killed due to a gas can explosion. Legal representation can help pursue compensation for your loss.
Do I have a Gas Can Explosion Lawsuit?
The Personal Injury & Product Liability Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers that focuses exclusively on the representation of plaintiffs in gas can explosion lawsuits. We are handling individual litigation nationwide and currently accepting new cases in all 50 states.
References:
- https://www.cnbc.com/2013/12/09/wal-mart-agrees-to-contribute-25-million-to-settle-gas-can-explosion-lawsuits.html