Walmart Class Action: Mainstays Patio Chair Defect Caused Finger Amputation

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Walmart has been hit with a class action lawsuit alleging its Mainstays six-piece patio set is extremely dangerous because of a defect that causes the chairs to collapse unexpectedly and can cause finger amputation.

According to plaintiff Jason E. Duckworth, the Mainstays patio set is designed, manufactured, marketed and sold by Walmart online and in its retail stores throughout the United States.

He says the patio set contains “an extremely dangerous design and/or manufacturing defect” that make the chairs prone to collapsing, which can cause a fall hazard and put consumers at risk of injury, including possible finger amputation.

The Mainstays patio set class action lawsuit alleges defendants Wal-Mart Stores Inc. and Wal-Mart Stores East LP either knew or should have known that the patio set was defective and not fit for ordinary use.

“In fact, Defendants Wal-Mart recalled a reported 73,000 units of Mainstays five-piece card table and chair set, nearly identical to the patio set at issue” in the Walmart class action lawsuit, “because the chairs could suddenly and unexpectedly collapse,” Duckworth claims.

According to the Walmart class action lawsuit, the Mainstays card table recall was issued after Walmart received adverse event reports from injuries allegedly caused by the collapsing chairs, including sprained fingers, fractured fingers, fingertip and finger amputations.

Even though the Mainstays six-piece patio set chairs are nearly identical to those affected by the Walmart recall, the Mainstays six-piece patio set is still available for sale to the general public, Duckworth claims.

Duckworth says he purchased a Mainstays six-piece patio set in 2014 from a Walmart Supercenter in Georgetown, Ky., and assembled the set according to the specifications printed in the patio set’s instruction manual.

In April 2016, Duckworth says he was seated in one of the chairs from the Mainstays patio set when the chair’s back support broke in half, causing the chair to collapse unexpectedly while Duckworth was seated. According to the Walmart class action lawsuit, Duckworth’s left ring finger became trapped and was amputated as he fell to the ground. Although he sought emergency medical treatment, the treating physician was unable to reattach his finger.

According to the Walmart class action lawsuit, Walmart’s continued sale of this unsafe product is a violation of the Kentucky Consumer Protection Act and other state consumer protection statutes. Duckworth says Walmart is aware that the product is unsafe but has not disclosed the dangers to consumers and has not adequately compensated consumers for the harm suffered.

In addition to claims for violation of various state consumer protection statutes, the Walmart class action lawsuit also asserts claims for violations of the Uniform Deceptive Trade Practices Act, negligence, breach of the implied warranty of merchantability and unjust enrichment.

Duckworth is also asserting individual claims for negligence and violation of the Kentucky Product Liability Act.

The Walmart patio set class action lawsuit seeks restitution, injunctive relief, declaratory relief, attorneys’ fees and costs, pre- and post-judgment interest, and other relief deemed proper by the court.

Duckworth is represented by Jasper D. Ward IV, Alex C. Davis and Ashton Rose Smith of Jones Ward PLC.

The Walmart Mainstays Patio Set Class Action Lawsuit is Jason E. Duckworth v. Wal-Mart Stores Inc., et al., Case No. 5:17-cv-00174-JMH, in the U.S. District Court for the Eastern District of Kentucky, Central Division.