Gender-reveal device creators settle lawsuit over 2020 El Dorado fire in Yucaipa that resulted in fatalities.

In a significant legal development concerning the El Dorado fire incident in Yucaipa, California, two fireworks companies have agreed to pay million to settle a lawsuit with the U.S. government. The lawsuit stems from a tragic event on September 5, 2020, when a smoke bomb used during a gender reveal celebration ignited a massive wildfire. The settlement was announced by the U.S. Department of Justice on June 2, 2023, and will compensate the U.S. Forest Service for extensive firefighting efforts as well as damage to federal land.

Wholesale Fireworks Corp. and its subsidiary, American Fireworks Wholesale LLC, were cited in the lawsuit for failing to ensure the safe design and labeling of their smoke bombs. The companies did not provide adequate warnings about the associated fire risks and sold devices that are illegal in California. A third entity, Pink or Blue Gender Team Inc., which specializes in gender reveal party supplies, has also agreed to pay ,000 as part of the settlement.

The origin of the El Dorado fire can be traced back to a gender reveal party hosted by Refugio Manuel Jimenez Jr. and Angelina Renee Jimenez. On that fateful day, amid dry, windy conditions and soaring temperatures, sparks from the smoke bomb ignited the surrounding brush, leading to a fire that scorched 22,744 acres, destroyed or damaged nine structures, and displaced residents across San Bernardino and Riverside counties. Unfortunately, the incident also resulted in the tragic death of Charlie Morton, a 39-year-old crew boss with the Forest Service’s Big Bear hotshot team, who succumbed to the flames while attempting to manage the emergency.

While the couple was initially included as defendants in the lawsuit, they were later removed from the case. In a separate legal proceeding, the Jimenezes faced multiple charges, including involuntary manslaughter, but maintained that the smoke bomb they tested at home malfunctioned. District Attorney Jason Anderson, commenting on the lawsuit settlement, emphasized the importance of exercising caution during high-risk conditions.

In February 2024, Refugio Jimenez accepted a plea deal, resulting in a sentence that included two years of felony probation, one year in county jail, and 200 hours of community service. Meanwhile, Angelina Jimenez accepted a plea for several misdemeanor charges, which led to a year of probation and 400 hours of community service.

This incident serves as a sobering reminder of the potential dangers associated with fireworks, particularly in susceptible environments. As regulations continue to evolve, the legal and environmental repercussions of such miscalculations may prompt further scrutiny of how these products are marketed and sold.