BROOKVILLE – Two Punxsutawney residents have filed a class action lawsuit against the distributors of Remington Hot Rollers alleging the hair styling rollers are defective, dangerous to consumers and do not comply with U.S. safety standards.
"The Hot Rollers fail to conform to the governing standards in the United States for preventing consumers' exposure to burn injuries," the plaintiffs' suit states.
According to the July 16 Jefferson County Court of Common Pleas filing, plaintiffs Bruce Winkworth and Marcia Botelho, on behalf of themselves and others, filed a complaint against defendant Spectrum Brands Inc. The plaintiffs claim breach of implied warranty of merchantability, breach of express warranty, violation of the Magnuson-Moss Consumer Product Warranties Act, negligence and negligent failure to warn.
The defendants have removed the case to federal court.
"In reality, these Hot Rollers are manufactured and sold with latent defects that cause the Hot Rollers to heat to unreasonably unsafe temperatures when operated as instructed preventing their contact with bare skin or detachment of the plastic end caps from the roller itself, thereby exposing consumers to dangerous skin contact with the hot plastic end, as well as to the metal underneath the plastic end cap ('defect')," the plaintiffs' complaint states.
"As a result of this defect, the Hot Rollers are unfit for use as intended as they expose anyone who contacts them with a substantial risk of permanent and/or serious injury," the suit states.
Among the relief sought by the plaintiffs and the proposed class are compensatory and punitive damages, injunctive relief as well as attorneys' fees and expenses.
Attorneys for the plaintiff and proposed class are Patrick Howard and Charles Kocher of Saltz, Mongeluzzi, Barrett & Bendesky PC in Horsham and Troy Frederick and Beth Frederick of Frederick Law Group PLLC in Indiana, Pennsylvania.