By Kim Gale  |  December 27, 2018

Category: Legal News

woman hurt falling out of bunk bedA woman who says she both broke wrists after falling out of bunk bed claims the furniture company sold a mattress that was too big for the bed.

Plaintiff Theresa T. claims she fell asleep on the top bunk of the bed on June 15, 2017, after comforting her six-year-old daughter, who was in the lower bunk and having problems sleeping. Not long after she fell asleep, Theresa alleges she fell out of the top bunk and landed on both of her wrists. The fall was approximately five feet.

She went to a nearby hospital where she was diagnosed with a broken bone in her right wrist and a sprain in her left wrist. Nearly six weeks after the falling out of bunk bed incident, Theresa says she was diagnosed with a fracture of a bone in her left wrist.

Theresa alleges since the fall, she has been in “constant pain” and suffers “serious limitations in range of motion.”

She says she has undergone three surgeries due to the injuries received by falling out of the bunk bed. According to the complaint, her right wrist was operated on July 20, 2017; her left wrist received surgery on Aug. 3, 2017; and hardware was removed from her right wrist on May 10, 2018.

Falling out of Bunk Bed Allegations

According to the complaint, Theresa’s mother Susan bought the bunk bed furniture on May 31, 2017. She purchased the Jordan Twin-Over-Twin Bunk Bed with Trundle and three King Koil Perfect Response Torrance Euro Top Twin Mattresses from defendant Raymour & Flanigan.

Theresa explained to the personal injury attorney helping her that her mother bought the bed frame and mattress based on recommendations made by the telephone sales representative. Ramour employees delivered and installed the furniture on June 5, 2017.

However, Theresa alleges in her lawsuit, “the mattress that was recommended, sold, delivered and installed was too large for the bed frame making the top bunk of the bed frame dangerous.”

The bed frame purportedly came with a warning that the mattress used with the frame should not exceed eight inches and that the mattress must be a minimum of five inches below the upper edge of the guard rails.

Theresa accuses Raymour staff of ignoring the warning by selling her mother a mattress that was 11.5 inches thick, 3.5 inches higher than the maximum recommended height. She alleges her injuries received falling out of bunk bed were due to “the wrong sized mattress and a poorly designed bed frame that did not have a barrier to prevent a fall.”

She argues that Raymour & Flanigan Furniture purportedly should have known the bed frame and mattress were dangerous, and the company is accused of negligence for recommending and selling a mattress that was too large to be safely used with the bunk bed frame. Like other personal injury claims, Theresa is looking for recompense and medical fees.

Theresa’s Falling out of Bunk Bed Lawsuit is Case No. 2:18-cv-05115-JS in the U.S. District Court for the Eastern District of Pennsylvania.

If you or a loved one were injured due to the negligence of another party, and you have recoverable damages, you may have a viable personal injury lawsuit. Get a free evaluation of your potential case by filling out the form on this page now!

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