Jon Campisi Jun. 21, 2012, 8:57am

A Montgomery County woman who claims she suffered severe eye injuries after an

exercise band she was using snapped and struck her in the face has filed a product liability claim against the item’s manufacturer and the store where she purchased the exercise equipment.

Feasterville, Pa. attorney Steven L. Rovner, of the firm Rovner, Allen, Rovner, Zimmerman and Nash, filed the civil action June 19 at the Philadelphia Court of Common Pleas on behalf of Glenside, Pa. resident Kate Fitzgerald, and her husband, Joshua Jolly.

The defendants named in the lawsuit are Taiwan-based Dalps & Leisure Products Supply Corp. and the Dick’s Sporting Goods store in the Franklin Mills Mall complex in Northeast Philadelphia.

According to the complaint, Fitzgerald suffered serious eye injuries after the Fitness Gear exercise resistance band she was using back on June 21, 2010, suddenly, and without warning, snapped and struck her on the face and in the left eye.

The lawsuit claims that prior to the incident, the defendants had received numerous complaints from consumers that the item was experiencing malfunctioning that resulted in consumers receiving lacerations, contusions and abrasions.

Despite the warnings, however, the defendants failed to take the necessary action to prevent others from getting hurt in the future, the lawsuit claims.

The complaint contains a negligence count against both defendants in which the plaintiffs accuse the manufacturing company and retail business of failing to conduct adequate inspections of the Fitness Gear exercise resistance band; failing to adequately warn of the dangers that the defendants knew or should have known about the problems with the item; failing to install and maintain safe and properly used design parts in the care and maintenance of the exercise band including, but not limited to, the plastic clips on the bands that ultimately snapped and caused the plaintiff’s injuries; failing to fulfill the standard of care required of a manufacturer and distributor of fitness equipment; and creating an unreasonable risk of injury.

The suit claims that the defendants breached implied warranties of fitness for use and merchantability and is therefore liable to the plaintiff as a user.

As a result of the incident, Fitzgerald suffered injuries to her face and eye, including, but not limited to, contusions, abrasions, lacerations, nerve damage and an eyebrow scar.

The plaintiff incurred medical expenses in the treatment of her injuries, the lawsuit states, and she also had to undergo rehabilitative services.

Fitzgerald also suffered a loss of earning capacity and she has been unable to attend to her daily chores, duties and occupations as a result of having been injured, the lawsuit claims.

For each of the seven counts listed in the complaint, Fitzgerald and her husband seek damages in excess of $50,000, plus interest, costs and attorney’s fees.

A jury trial has been demanded.


The case ID number is 120602301. 

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