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FLORIDA RECORD

Friday, September 27, 2024

Local Resident Sues Major Retailer Over Alleged Defective Air Filter Injury

State Court
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A Palm Beach County resident has filed a lawsuit against a major home improvement retailer, alleging severe injury due to a defective product. On July 18, 2024, Marshall Stephens filed a complaint in the Circuit Court of the Fifteenth Judicial Circuit in Palm Beach County, Florida, against Home Depot U.S.A., Inc.

According to the complaint, Stephens purchased an HDX FPR 5 air filter from Home Depot Store No. 0205 located at 4241 Lake Worth Road, Lake Worth, Florida on or around May 18, 2023. The incident that led to the lawsuit occurred on June 4, 2023, when Stephens was removing the air filter from its housing at his home. The metal mesh on the outside of the air filter allegedly caused a severe laceration to his middle finger on his dominant right hand.

Stephens claims that as a direct result of this injury, he has suffered permanent bodily harm resulting in pain and suffering, disability, disfigurement, mental anguish, loss of earnings and earning capacity, and loss of enjoyment of life. He also incurred expenses for hospitalization and medical care. These damages are described as either permanent or continuing in nature.

The lawsuit accuses Home Depot of negligence in several ways: negligently designing and manufacturing the air filter; failing to properly test it for safety; failing to inspect it adequately; and failing to warn consumers about its dangers. Specifically, Stephens alleges that the air filter was designed with sharp and unfinished wire mesh that posed an inherent danger during normal installation or removal operations.

In addition to negligence claims, Stephens is also pursuing strict liability claims against Home Depot. He asserts that Home Depot was responsible for manufacturing and distributing a defective product that reached consumers without substantial changes from its original condition. The complaint details various defects including design flaws, manufacturing errors, inadequate testing procedures, incorporation of defective parts, and insufficient warnings about potential dangers.

Stephens is seeking damages exceeding $50,000 plus costs incurred during litigation. He demands judgment against Home Depot for all losses sustained due to the alleged negligence and defects in the product. Furthermore, he requests any other relief deemed appropriate by the court.

The case is being handled by attorney Marsad Quraishi from Quraishi & Birkman P.L., located in Deerfield Beach, Florida. The case number is 502024CA006731 XXXAMB Div: AJ.

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