A chemical burn incident at a pool supply store has led to a lawsuit seeking over $50,000 in damages. David Sellers filed the complaint against Patrick’s Pool Service, Inc., doing business as Pinch A Penny, in the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida on July 22, 2024.
According to the complaint, Sellers was an invitee at the Pinch A Penny store located at 10381 66th Street North in Pinellas Park on December 18, 2023. He alleges that while purchasing a jug of Pinch A Penny Liquid Chlorine Shock from the store, the container began leaking and caused him to suffer a chemical burn. The plaintiff contends that Patrick’s Pool Service failed to maintain their premises safely and did not warn him about potential dangers associated with their products.
The lawsuit details several counts against Patrick’s Pool Service. In Count I - Negligence, Sellers claims that the defendant negligently manufactured and inspected the chlorine shock jug. As a result of this negligence, he sustained bodily injuries including pain and suffering, disability, disfigurement, mental anguish, loss of capacity for enjoyment of life, and incurred expenses for hospitalization and medical care. These losses are described as either permanent or continuing.
Count II - Breach of Implied Warranty of Suitability asserts that by selling the defective product which leaked under certain temperatures, Patrick’s Pool Service breached its implied warranty of fitness for use. Sellers argues that he was unaware of these defects when he purchased the product and suffered significant injuries as a consequence.
In Count III - Strict Liability, Sellers accuses Patrick’s Pool Service of placing a defective product into the market without proper inspection for defects. The leaking jug is claimed to be unreasonably dangerous and directly responsible for his injuries.
Sellers is seeking judgment for damages exceeding $50,001 along with costs and prejudgment interest. He demands a trial by jury on all triable issues.
Representing David Sellers is Daniella Rivera from Salter, Healy, Rivera & Heptner law firm based in St. Petersburg.
The case is identified by Case Number: 24-003230-CI.