Greenville woman sues Victoria’s Secret over ‘unsafe’ bra
Published by admin on April 6, 2008
Company denies aspiring model’s claim that lingerie caused chest gash
A Charleston attorney helping an aspiring Greenville model sue the Victoria’s Secret lingerie company over claims that a defective bra seriously cut one of her breasts said today that a description in the lawsuit of the depth of her wound was erroneous and that a new version of the suit was filed today to correct the error.
The lawsuit originally alleged that a bra Jessica Lang bought from a Haywood Mall Victoria’s Secret store “malfunctioned” and cut her chest and breast “nearly six inches wide and six inches deep,” according to a complaint filed earlier this year.
Models appear at a promotional event at a Victoria’s Secret store in New York on Wednesday. The company is being sued by a Greenville woman who says one of its bras injured her breast.
An amended complaint reflects that the wound was “3 inches x 1/4 inch deep, resulting in scarring,” according to the latest version of the lawsuit filed today.
The attorney, Nathan Hughey, said that the original depiction of the wound was a “scrivener’s error,” a legal term for a clerical error in a legal document.
In an answer to the lawsuit — which was originally filed in state court in 2005 but was moved to Greenville district federal court earlier this year because the Victoria’s Secret entities are located in Delaware and Ohio — Victoria’s Secret attorneys deny wrongdoing and allege that Lang caused the injury herself, according to court records.
In February 2005, Lang worked at Alegis Group in Greenville and was pursuing a career in modeling, according to the lawsuit. On Jan. 30, 2005, Lang bought a bra from the Victoria’s Secret located at Haywood Mall, and 13 days later, at about 5 a.m., she was in her apartment and began to feel “discomfort in her breast caused by the brassiere” and tried to remove the bra, according to the complaint.
“When attempting to remove the brassiere in order to alleviate the discomfort, the brassiere malfunctioned, lacerating the plaintiff’s chest and left breast, nearly six inches wide and six inches deep,” the complaint alleges. The lawsuit does not specify how the injury occurred. Hughey told GreenvilleOnline.com today that the bra “broke and the wire came through and lacerated her breast.”
Lang immediately went to the Doctor’s Care on Congaree Road and received treatment, according to the complaint. After missing work for several days, Lang was terminated, the complaint alleges.
The complaint alleges that Victoria’s Secret “so negligently and carelessly designed, manufactured, constructed, assembled, inspected, and sold the brassiere that it was dangerous and unsafe for its intended uses” and caused Lang “lost wages, pain and suffering, future disability, loss of prospective business relations and medical expenses.” The complaint asks for unspecified actual and punitive damages.
The lingerie company’s answer to the suit alleges that any of Lang’s injuries would have been caused by her own negligence and asks for a determination of Lang’s “percentage of” negligence related to her complaint.
The answer alleges that Victoria’s Secret “had no duty to warn about possible dangers or hazards … which were not known or which were not capable of being known or discoverable by reasonable inspection.”
source: Greenville News