Jun 12, 2022
WARREN — A Mineral Ridge woman has filed a lawsuit against a manufacturer of an electric pedicure device, claiming it leaked battery acid on her less than six months after purchase.
An attorney for Elizabeth M. Brahler of Arbor Drive filed a product liability claim in Trumbull County Common Pleas Court against Scholl’s Wellness Company LLC, and Walmart stores.
The plaintiff , according to facts of the case explained in the lawsuit, bought the new battery powered Amope electric pedicure device at Walmart’s Austintown store on Jan. 24, 2020. The device had lithium-ion disposable batteries pre-installed, the lawsuit states.
On June 1, 2020, Brahler found the device had stopped operating, prompting the woman to change batteries. According to the lawsuit, when she opened the Amope battery door compartment, battery acid began to leak, causing significant bilateral second-degree burns to the woman’s hands and skin.
Among the lawsuit’s eight claims against the manufacturers and retailer include defective manufacturing or construction, defective design or formulation, inadequate warning and liability of supplier.
“The Amope was defective because the product was capable of causing, without notice, severe and permanent injuries to its users / consumers,” the lawsuit claims.
The action also names up to 10 unknown defendants who may have have been responsible for plaintiff’s injuries.
The lawsuit lists Scholl’s agent as the Corporation Trust Company of Wilmington, Del. A spokeswoman at Corporation Trust confirmed the company’s relationship with Scholl’s but did not give any more information about the manufacturer.
An email was sent to corporate representatives at Walmart for comment on the lawsuit. Marci Burks, director of global affairs and global communications for Walmart stated: “We expect our suppliers to provide safe, quality items which meet all applicable laws and regulations. We will respond to the complaint in court as appropriate.”
A search of the Amope product lines show that battery-powered “foot files” retail for about $20 each.
The suit seeks a jury trial and asks for $25,000 in compensatory damages plus any medical bills and expenses incurred by the plaintiff. The lawsuit states that Brahler’s injuries are “permanent in nature and will continue into the future.”
The case has been assigned to Judge W. Wyatt McKay, who has not set any hearings.
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