Defective Gas Can Injury Lawsuits

Each year, consumers are catastrophically burned, injured, and killed after pouring gasoline from a defective gas can onto a fire. While children are often the victims, adults can just as easily find their lives changed forever by defective gas cans.

Gas can companies know that many of their consumers use their gas cans to pour gas onto fires and that explosions and resulting injuries could be prevented by including a simple and cheap flame mitigation device in their gas cans. While a manufacturers’ failure to equip their gas cans with Flame Mitigation Devices has resulted in numerous catastrophic burn injuries, deaths, and lawsuits (e.g., the Blitz gas can lawsuits and related litigation), there are many other defects that can exist as well (including lack of proper warnings, lack of a spill-proof spout, etc.).

If you or your loved ones have been injured in a gasoline can accident, you certainly aren’t alone. And if the gas can was defective in one way or another (see below for common gas can defects), the manufacturer and retailer could be liable for any injuries suffered.

How Does Gas Explode?

Many of us presume that gasoline liquid is flammable but in actuality, it’s the gasoline’s vapors that are flammable. Gasoline vapors can escape from the gas can any time the spout is removed or is in an open position, or anytime you try to vent the gas can. If you can smell gas, vapors are in the air.

Once in the air, the gas vapors begin to expand and form a highly flammable vapor cloud around the gas can they escaped from and any area gasoline is poured on. If a spark or flame comes into contact with those vapors, the results can be disastrous. Just type in “gas can explosion video” on Google or YouTube if you want to see some real-world examples.

What is a Gas Can Flame Arrester or Gas Can Flame Mitigation Device (FMD) and Why Are They Needed in Gas Cans?

A gas can flame arrester, also known as a Flame Mitigation Device or FMD, is a cost-effective device that is used to prevent flames outside the gas can from tracking into the gas can and causing a gas can explosion. These devices often take the shape of small screens or baskets and should be inserted by the manufacturer into the neck of the gas can. While flame arresters/Flame Mitigation Devices/FMDs look like baskets meant to keep debris out of the gas can, their main purpose is to keep an external flame from tracking into the gas can. These devices have been around for decades and should be in new and old consumer gas cans.

Gas Can Flashback Explosions

Without a flame arrester/Flame Mitigation Device/FMD, when highly flammable gasoline vapors escape from a gas can and interact with a flame (sometimes even just a spark or smoke), the flame can track back into the gasoline can and ignite the gasoline within the gas can. This is commonly described as a gas can flashback explosion because the explosive event causes an abrupt flash of light to appear around the fuel container’s neck, signaling ignition of the gasoline vapors in and around the gas can.

Once the flame tracks back into the gas can, this can cause the gasoline can to over-pressurize and spew burning gasoline on you and anyone else around you, or to effectively create a flame thrower effect where flames and burning gasoline are violently shot out of the gas can. In either event, catastrophic burns and injuries often follow.

What the Gas Can Industry Does Not Want You to Know

Spill-proof spouts, gas can caps, spout caps, and well-built gasoline cans can help minimize the likelihood of gasoline vapors escaping the can. However, the only battle-tested way to prevent a flame from tracking back into the can and causing an explosion or flame thrower effect is to implement a flame arrester/Flame Mitigation Device/FMD into the gas can. These devices are relatively inexpensive and the gas can industry has known about them for decades. There is no justifiable excuse for failing to put these devices in new and old gas cans.

Common Gas Can Malfunctions and Defects

Although failure to include a flame arrester/Flame Mitigation Device/FMD is one way a gas container can be defective, the list of potential defects doesn’t stop there. In our experience, gas cans can be defective in the following ways:

• Lack of a flame arrester/Flame Mitigation Device/FMD
• Weak or cheap materials that cause the gas can to split and explode when a flame tracks back into the can
• Weak or cheap materials in the gasoline cap, resulting in the cap cracking and flammable gasoline vapors escaping the can
• Broken or missing parts to the gas can, such as missing or damaged springs within the quick-flow spout, the spill-proof spout, or the auto-shutoff system, a damaged or missing flame arrester/Flame Mitigation Device/FMD, or a cracked gasoline can
• Failure to implement a quick-flow spout, a spill-proof spout, or an auto-shutoff system, resulting in unwanted gasoline leakage or a flame tracking back through the gas can spout
• Improper or insufficient warning labeling

This is by no means an exhaustive list. If you or your loved ones have been injured by what you think may be a gas can defect, call one of our experienced defective gas can and gasoline explosion lawyers now for a free consultation.

Gas Can Explosion Injuries

When gas cans explode, or flames shoot out of the can, burning gasoline can be sprayed in every direction. This can cause catastrophic burn injuries and explosion injuries requiring skin grafting surgeries, significant burn treatment, and even amputations.

Because of the explosive nature of a gas can flashback event, it’s also common for the gas can user and bystanders to be violently thrown in various directions. This can result in burns, cuts, bruises, lacerations, broken bones, concussions and traumatic brain injuries, and other explosion-related injuries. This list doesn’t even begin to account for the emotional toll events like this can have on victims of gas can explosions.

If a Gas Can Is Defective, the Manufacturer and Retailer May be Liable for the Resulting Damages

Generally, any company involved in manufacturing and distributing a defective product is potentially liable for injuries caused by the defective product. That means if for example you purchased a VP Racing, No-Spill, or Scepter gas can at Wal Mart, and you were injured because of a defect in the gas can, you could potentially bring a lawsuit against Wal Mart and the gas can manufacturer.

While sellers and manufacturers are the most common defendants, that does not mean they are the only possible defendants. Each situation is unique and depending on the circumstances, there may be many more hidden defendants who are potentially liable for your injuries. Speak with an experienced attorney to confirm that you haven’t overlooked additional potential defendants who may be responsible for your injuries.

Determining Liability When a Gas Can Is Defective

While every state’s laws are different, to prove a strict product defect claim under Nevada law, the plaintiff must establish that:

1. The defect existed at the time the product left the manufacturer;
2. The defect made the product unreasonably dangerous; and
3. The defect caused injuries or damages

Proving that a product is unreasonably dangerous often requires experts and product testing, both of which demand significant case funding and knowledge regarding which experts to rely on and which tests to perform. Whoever you retain as your attorney, make sure they have a strong knowledge of which experts to use, and how to guide the strategy of your case against the formidable gas can industry.

Get Help from Our Gas Can Defect and Gas Explosion Lawyers

Product defect claims are complicated by their very nature. If you’ve been hurt by a gas can that was defective or malfunctioned in some way, it is vital that you reach out to a knowledgeable lawyer as soon as you can. Failure to file a lawsuit by certain deadlines (i.e. the “statute of limitations”) can result in you giving up your claim forever.

Whether you’re in Las Vegas, Los Angeles, Salt Lake City, Phoenix, or anywhere else in the country, we’re standing by and ready to assist you with your case. Our law firm focuses heavily on product liability cases and our lawyers are ready to talk with you about your unique situation. We’ll provide a free review of your case, and will inform you about your legal options and the best way to pursue a potential claim. If you believe a gas can may be defective, and that defect caused injury or death to you or your loved ones, call us now for a free case evaluation.