A product liability lawsuit that has recently made national headlines involves a female traffic cop who is suing Victoria’s Secret for an eye injury she says she sustained in May 2007 because of a defective thong.
Macrida Patterson says that one of the metal links that holds the decorative rhinestone heart in place on the thong’s blue fabric popped off and hit her in the eye. Patterson says the accident caused her a great deal of pain and she had to go to the hospital to receive medical attention. She sustained three cuts to her cornea.
Patterson’s lawsuit alleges that the thong’s design is defective to begin with and that the placement of sharp points and metal pieces on the underwear created an inherent hazard. The lawsuit also alleges that the thong became defective during the manufacturing process.
While injuries caused by defective underwear is not common, there have been cases where people—especially children—have been injured because their clothes had defects that resulted in choking hazards, strangulation hazards, fire (burn) hazards, and other dangers.
Just this month, manufacturer Sara Lynn Togs recalled 1,800 Children’s Infant and Toddler Shortalls because the shoulder straps could come off and become a choking hazard. Also in June, The Children’s Place Retail Stores Inc. recalled approximately 28,000 Camouflage Pajama Sets over concerns that excessive levels of lead in the pajama top’s screen print could result in lead poisoning.
A product can become defective during the design or manufacturing process or due to a marketing defect, such as when a product is marketed to the wrong age group or fails to come with the complete instructions or the proper safety warnings. Products liability cases can be brought based on negligence, strict liability, or breach of warranty.
If you or someone you love suffered a serious personal injury because of defective clothing or another defective product, one of our products liability lawyers can discuss your case with you. We represent clients throughout the US.
Lawyer Makes Thong Injury Suit Sound Boring, ABA Journal, June 19, 2008
Eye-catching thong gives rise to lawsuit, MSNBC.com, June 19, 2008
Children’s Overalls Recalled by Sara Lynn Togs Due to Choking Hazard, CPSC.gov, June 12, 2008
The Children’s Place Recalls Camouflage Pajama Sets Due to Excessive Lead, CPSC.gov, June 10, 2008
Related Web Resources:
Read the Complaint Against Victoria’s Secret, The Smoking Gun
Products Liability, Justia