Man Killed While Using Gas Can; Estate Files Wrongful Death Lawsuit
Gas cans should be used with caution, but even with proper use, they can still cause fatal accidents. Sadly, this was the case in South Carolina early last year.
A South Carolina woman has filed a federal wrongful death lawsuit against Myers Industries and several other companies. She claims a plastic gasoline container exploded while her relative was using it to fuel a backyard burn barrel fire, resulting in fatal burn injuries.
The lawsuit was filed in the U.S. District Court for the District of South Carolina by the personal representative of the victim’s estate. The complaint names Myers Industries, Inc., Scepter US Holding Company, Scepter Manufacturing, LLC, and Scepter Canada, Inc. as defendants.
The victim was attempting to ignite debris in a burn barrel at a South Congaree residence on January 22, 2025, when the incident occurred. He was using a red plastic Scepter fuel container that allegedly did not include a flame arrester or other flame-mitigation device, a safety feature designed to stop flames from traveling back into a fuel container. The lawsuit states that the container’s spout had been removed and was lying nearby.
As the man poured gasoline onto the fire, gasoline vapors allegedly ignited, triggering a flashback explosion that caused the container to detonate. The blast sprayed the man with fuel and engulfed him in flames. He suffered burns over most of his body and died two days later at a burn center in Augusta, Georgia.
The complaint argues that manufacturers have long been aware of the dangers posed by flashback explosions in portable plastic gas cans. It references federal safety regulations, including a Consumer Product Safety Commission rule requiring portable fuel containers manufactured or imported after July 12, 2023, to meet specific flame-mitigation standards.
Craft alleges that safer alternative designs were available and that the product’s warnings failed to adequately alert users to the risks. The lawsuit asserts claims for strict product liability, including design defect and failure to warn, negligence, breach of warranty, wrongful death, and survival damages. It seeks compensatory and punitive damages, with the amount to be determined at trial. The lawsuit also requests a jury trial.
Gas cans can pose several serious hazards, particularly when they are used or stored improperly. Some of the biggest dangers include:
- Flashback explosions: A flame can travel through the opening or spout of a container and ignite vapors inside, potentially causing an explosion.
- Vapor ignition: Gasoline vapors are heavier than air and can travel along the ground or accumulate in enclosed spaces. An ignition source farther away can set the vapors on fire.
- Static electricity: Static discharge can ignite gasoline vapors, particularly while fuel is being transferred.
- Pressure buildup: Heat can cause gasoline vapors to expand inside a container, increasing pressure and potentially causing leaks or ruptures.
Contact Us Today
When someone dies due to another party’s negligence, it is possible to receive compensation for damages, but the process is not easy.
The period after a wrongful death is not one where families should be left to figure out complex legal decisions on their own. A Columbia wrongful death lawyer from Simmons Law Firm can help you through this process. Schedule a consultation by calling (803) 779-4600 or filling out the online form.
Source:
thestate.com/news/local/crime/article316629634.html
