Wayfair Fire Pit Lawsuit Links Flame Jetting Explosion to Defective Design

Trial set for March 2026 could be delayed, as plaintiffs seek more time to exchange key documents with defendants related to the case.

A fire pit lawsuit filed by a Delaware woman who suffered burns over nearly half her body is scheduled for trial in late March 2026, which is expected to be among the first in a growing wave of similar product liability claims now being pursued against manufacturers and retailers who sold the small, alcohol-fueled devices without adequate warnings about the risk of dangerous “flame jetting” explosions.

The complaint (PDF) was originally brought by Kayla Hominski and her husband, Nicholas, in the U.S. District Court for the Southern District of Florida in April 2025, naming Gusar LLC, Colsen Fire Pits LLC and Wayfair LLC as the defendants.

Fire Pit Safety Problems

The claim is similar to other tabletop fire pit lawsuits filed against Amazon.com for distributing Colsen-brand fire pits they say are dangerously designed, which has led to serious, disfiguring and life-threatening burn injuries.

The fire pits are often marketed as stylish indoor and outdoor accent pieces, and are designed to run on flammable liquid fuels, like ethanol, isopropyl alcohol or methanol. However, the past year has seen several fire pit recalls and warnings issued by the U.S. Consumer Product Safety Commission (CPSC), alerting the public that the fire pits can erupt violently if refueled or reignited while still hot.

These eruptions are referred to as “flame jetting,” where the liquid vapor ignites and may even flash back into the fuel container, resulting in an explosion. Fire safety officials warn that the risk of injury increases when fire pits are used indoors, near flammable materials or close to bystanders.

According to the lawsuit, Hominski purchased the Colsen portable fire pit through Wayfair’s website in May 2023. The instructions, which claimed the fire pits were easy to use and designed for safety, told consumers that they could light the fire pit with isopropyl alcohol and a kitchen lighter.

On the evening of July 14, 2025, Hominski was using the fire pit with friends when her husband, Nicholas, went to relight it after the fire went out.

“Plaintiff Kayla Hominski was standing near the Fire Pit at that time when she felt a ‘woosh’ and became engulfed in flames.”

– Hominski v. Gusar LLC, et al.

Hominski suffered second and third degree burns to 43% of her body, and was hospitalized for almost four weeks, during which time she underwent intubation, a blood transfusion and two graft surgeries. Even once she was out of the hospital, Hominski had to go to physical therapy twice a week, and had to return to the hospital weekly for a month to change her bandages.

The couple presents claims of negligent design, negligent manufacturing, negligent failure to warn, design defect, manufacturing defect, failure to warn and loss of consortium.

Judge Schedules Wayfair Fire Pit Lawsuit Trial

The Hominski’s Wayfair fire pit lawsuit was given a trial date of March 30, 2026, in a Scheduling Order (PDF) issued by U.S. Magistrate Judge Marty Fulgueira Elfenbein in July, indicating the court is reserving three weeks for the trial.

However, as part of the schedule prior to the trial, the judge has instructed the parties to hold mediation discussions and submit a mediation report by December 15, to see if there is some way to resolve the claim through a settlement agreement.

The schedule also called for all discovery, including expert discovery, to be completed by December 1, but plaintiffs recently asked for more time due to disputes between the parties on certain document-sharing issues.

Wayfair issued a notice of hearing (PDF) the day before the parties met on September 3, asking the court to reject the request.

There have yet to be any court announcements following the hearing on whether the discovery deadline will be extended, and if that will affect the trial date.

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