Chaffin Luhana Files Lawsuit on Behalf of Illinois Minor After Illinois AG Calls for Recalls of Backyard Firepots and Gel Fuel

New York, New York (August 11, 2011) – Chaffin Luhana LLP filed a lawsuit today on behalf of Illinois citizens after a seven-year-old boy suffered from second- and third-degree burns on his face, neck, and upper body when BirdBrain gel fuel poured into a BirdBrain firepot exploded, igniting the boy’s body as well as his father’s, when his father smothered the flames on his son with his own body.

The action alleges negligence and strict product liability under Illinois law against firepot and gel fuel manufacturer BirdBrain Inc., retailer Ace Hardware Corporation, and Bishop Hardware & Supply, Inc., which owns and operates the Ace Hardware location that sold the defective goods to the parents of the seven-year-old boy.

The United States Consumer Product Safety Commission (“CPSC”) has received reports of nearly 60 injuries and two wrongful deaths related to gel fuel and the firepots used to hold the fuel, including numerous injuries from the use of the BirdBrain firepots and gel fuel at issue in the case Chaffin Luhana filed.

BirdBrain’s competitor, Napa Home & Garden, has already recalled its gel fuel.  On August 10, 2011, Illinois Attorney General Lisa Madigan held a press conference calling on the CPSC to recall all gel fuel products because they are so inherently dangerous.  Chaffin Luhana joins Attorney General Madigan in the call for a recall of all firepots and gel fuel, including the BirdBrain firepot and gel fuel that injured its clients.

Said Chaffin Luhana Partner Eric T. Chaffin, “This product was supposed to enhance the ambiance in one’s backyard; instead, it sent our clients and dozens of others to the hospital with second- and third-degree burns.  These victims suffered traumatic, sometimes life-threatening and certainly disfiguring injuries.  When victims like our seven-year-old client are being so badly burned, regulators have to take action.”

Chaffin Luhana LLP is a plaintiffs-only law firm with a national trial practice focused on representing plaintiffs in mass tort, securities and whistleblower cases in federal and state courts across the country.  The founding partners, trial lawyers Eric Chaffin and Roopal Luhana, have an established record of integrity, success and leadership in the national plaintiffs’ bar. Partner Eric Chaffin has been named by Super Lawyers to be among the top lawyers in New York State, and has also been selected for membership to the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum, limited to the fewer than 1% of attorneys nationwide who have won million and multi-million dollar verdicts and settlements.  More information about Chaffin Luhana is available at, and more information about firepot lawsuits can be found at

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