According to the lawsuit, Brian and Megan Fox’s teenage son and daughter were at home on Jan. 9 when they heard a noise downstairs that they thought was an intruder. When they realized it was actually a fire, the 16-year-old girl kicked out a second story window and jumped into her father’s arms, who had just arrived after learning about the fire.
“I got there and I was kicking in the doors and I thought, ‘I’m going to lose two of my four children today,’” said Brian Fox. “I was yelling for her, ‘Please jump, baby; Please jump,’ and she jumped out the window without hesitation.”
Although the children escaped with their lives, the family’s entire home was destroyed, as were all their possessions. The only items they were able to salvage were their vehicles and a handful of water damaged books and pictures, according to the lawsuit.
Instead of a FITURBO F1 hoverboard with a Samsung lithium ion battery purchased directly from Amazon, the Foxes bought a defective Chinese-made hoverboard from “W-Deals,” a third-party merchant that is actually a sham organization registered to an apartment in New York City.
Plaintiffs say they still don’t know who the actual manufacturer of the hoverboard is, and that Amazon doesn’t appear to either. Tennessee product liability holds a seller responsible for damages in the event that a manufacturer cannot be found.
In July 2016, the Consumer Products Safety Commission (CPSC) announced a recall for more than 500,000 hoverboards over concerns that the devices’ lithium-ion battery packs could overheat, posing a risk of the products smoking, catching fire and/or exploding.
“Many of these fires occurred indoors and could have resulted in serious injuries if not for the quick actions of consumers to extinguish the fire,” CPSC said. “This is a priority investigation and CPSC is devoting the staff time and resources necessary to find the root causes of the fires.”
The Foxes allege that Amazon and its subsidiaries knew or should have known about the dangers associated with hoverboards it sold before the fire, and misrepresented the products on their website. Plaintiffs are seeking a jury trial and $30 million in damages, as well as the possibility of additional financial penalties against the retailer.
Source: USA Today