The makers of a spa bench sold at Aldi argue that a woman misused the product when she fell because the product allegedly collapsed in the shower.
Patricia Walton filed the complaint May 13 in the Madison County Circuit Court against Aldi Inc. and Orbit Industries LLC.
According to the complaint, on May 26, 2018, Walton was using a spa bench purchased at the Alton Aldi. She alleges she was using the bench in its intended use while taking a shower when she “violently” fell from a seated position without warning to the shower floor. She alleges the spa bench broke and collapsed, causing her to suffer serious injuries.
Walton alleges the bench was in an unreasonably dangerous condition as it was improperly manufactured, improperly assembled and improperly designed.
She also alleges the defendants failed to provide adequate warning that the spa bench was defective, failed to warn that the product was unreasonably dangerous, failed to inspect the product for defects, and sold the bench with defects.
As a result, Walton claims she sustained injuries to her left leg, ankle and foot.
The defendants answered the complaint on July 15 through attorney Amy Simkins of the Law Offices of Rouse and Cary in St. Louis.
They deny liability and argue in their affirmative defenses that Walton’s own negligence was the sole proximate cause of any alleged injuries by her alleged misuse of the product. They argue that Walton assumed the risk of injury when she used the spa bench.
The defendants also argue that Walton failed to serve them with the complaint before the statute of limitations expired.
Walton responded to the affirmative defenses on July 17 through attorney Ronald S. Motil of The Gori Law Firm PC in Edwardsville. She denies each and every allegation.
Walton seeks a judgment in her favor of more than $50,000, plus costs.
Madison County Circuit Court case number 20-L-679