The Cochran Firm Legal Blog

Last week a federal jury awarded $2 million to the family of a father and son hunting pair who had mis-used a Coleman camping heater in 2006. It was a radiant propane heater. They used it indoors although it had a clear label saying "For Outdoor Use Only." Carbon monoxide has no smell and cannot be seen or heard and as the stove emitted it while generating heat, there was apparently no ventilation to send it outside the cabin.

The father and son, Mark Torrey and his son Christopher, died from breathing the carbon monoxide. Torrey's wife and daughter filed a product liability and wrongful death claim against Coleman. Christopher's wife also filed on behalf of herself and their son. The two cases were consolidated by the presiding judge.

A "Mighty, Ferocious Fight"
According to Torrey's wife, this lawsuit was a "mighty, ferocious fight." One of the plaintiffs' attorneys instructed the jury to send a message to Coleman because some of their other heaters had also been linked to deaths from carbon monoxide poisoning, but no recalls have happened. This particular heater was Coleman's Focus 15 propane heater.

Another plaintiff attorney informed the jury that a survey had been done on experienced hunters and 30 to 40 percent of them had thought that the propane heater could be appropriately used indoors.

Coleman's defense attorney suggested that the two men could have been poisoned by carbon monoxide emitted by either of the two wood-burning stoves in their cabin. He reminded the jury that the Focus 15 stove has a label right on it warning against indoor use. "Remember," he said, "an accident plus a product does not mean the product caused the accident."

67 Percent User Responsibility
The jury awarded that $2 million but also found Torrey and his son to be 67 percent responsible for their own deaths because of the clear warning label on the heater. That means the family will receive about $660,000 less attorneys' fees and costs. It is not known yet whether Coleman will appeal the case.

If you have been injured by a defective product, you may have a valid legal claim. Please call or email our defective product attorneys today to schedule a free case evaluation.

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