New Orleans resident Sandra Andry claims she seriously injured her back on an exercise machine, according to a lawsuit filed in the Eastern District of Louisiana.
Andry is seeking unspecified damages for physical pain and suffering, emotional distress and mental anguish, permanent disability, loss of income and medical expenses.
Persuaded by an infomercial, Andry purchased a Malibu Pilates Chair in February 2009 to help her get in better shape, her complaint states. After watching the instructional videos and attempting to follow the beginner DVDs, she hurt herself within the first few attempts to exercise on the machine, the suit claims.
"The Malibu Pilates Chair was unreasonably dangerous because it did not conform to its express warranty that it could be used by beginners which was untrue and which induced the plaintiff to use the product and thereby injure herself," states the product liability suit filed Feb. 22.
The law firm of Cossich, Sumich, Parsiola and Taylor is representing Andry.
She is suing the chair's manufacturer and distributor, Guthy-Renker and Carroll Krieff.
The suit claims the Malibu Pilates Chair deviated from the manufacturer's specifications or performance standards thereby causing her injury. She claims the chair is unreasonably dangerous in construction, composition, and design.
Further, Andry states the defendants are negligent for failing to provide adequate warnings or instructions about the product and failed to include safe methods of use for beginners.
She claims the defendants are liable under the provisions of the Louisiana Products Liability Act.
U.S. District Judge Kurt D. Engelhardt will preside over the litigation.
Case No 2:10cv00526