A Philadelphia woman is not feeling totally awesome after a bottle of liquid cleanser separated from the spray nozzle and caused her to sustain serious injuries, according to a complaint filed at the Philadelphia Court of Common Pleas.
Yolanda Umaru and her husband, Tariq, seeks damages in excess of $50,000 from Awesome Products, Inc, the makers of LA's Totally Awesome All Purpose Concentrated Cleaner, and the store where they purchased the bottle, The Dollar Tree located at the Franklin Mills Mall in Philadelphia. The plaintiffs claim both defendants negligently made a defective product available for purchase by the general public.
According to the complaint, Umaru picked up the cleaner on Nov. 15, 2012, by the spray nozzle, when it unexpectedly separated from the bottle. The accident resulted in serious injuries to Umaru, the claim says, including to the neck, back and eyes. Umaru has been forced to sustain mounting medical expenses during her recovery, including hospitalization and medicines.The plaintiff claims that she has also been restricted from performing her regular duties, reducing her earning potential.
The claim says that Dollar Tree and Awesome Products acted recklessly by failing to inspect and properly test the packaging before placing it on store shelves. According to the complaint, Dollar Tree and Awesome Products also failed to train their employees to look for possible hazardous conditions in the cleaner and repair or remove them from the store. By making the defective product available, the defendants breached the implied warranty that the cleaner was safe for its intended use.
The plaintiffs hold Dollar Tree and Awesome Products strictly liable for the damages by misrepresenting the safety of the products, which Umaru relied upon to make her purchase of the cleaner. Umaru's husband, Tariq, has also sued the defendants for loss of consortium with his wife.
The plaintiffs are represented by Jeffrey Schaffer in Jenkintown, Pa.
The case ID is 141002901.