Man Sues QVC After Falling Topsy Turvy Tomato Planter Causes Injury

A man is suing the online and TV shopping channel QVC after he says a defective tomato planter he bought from the company fell and caused him to suffer injuries.

Doug Lampley filed his product-liability lawsuit against QVC TX LLC on Sept. 2 in the Marshall Division of the Eastern District of Texas, according to the Southeast Texas Record. He accuses QVC of marketing an unreasonably dangerous and defective product that posed a risk of serious injuries to him and other consumers.

QVC “could reasonably foresee that said Topsy Turvy Deluxe Tomato Planter would be used by such persons as Doug Lampley in the manner in which it was being used at the time of his injuries,” his lawsuit states.

Spring 2008 Incident Blooms into Lawsuit

The seeds of Lampley’s lawsuit were planted in the spring of 2008. He says he said he was watering his tomatoes when one of the metal wires holding the tomato planter broke, forcing it to fall and strike him, causing him to fall off his porch.

According to Lampley, the Topsy Turvy Deluxe Tomato Planter was defectively designed and unsafe when used as it was intended. His suit also alleges that the product was unreasonably dangerous due to the size, type, and material of the cable and connectors used to hold it in place.

The Topsy Turvy planter is unusual in that the tomato plant hangs suspended upside from wires inside a container. Users water the plant by pouring water into the top of the container and the product is billed as producing larger, juicier tomatoes.

Negligence Alleged, Damages Sought

Lampley claims QVC was negligent for failing to construct a product that would not come apart and for placing the product on the market in an unsafe condition. He also faults the retailer for failing to give notice of the product’s hazardous and defective condition and for not issuing a recall of the defective planter.

Lampley is seeking unspecified financial damages for his physical pain, mental anguish, physical impairment, physical disfigurement, medical care, loss of ability to perform housework and other household duties, according to the Record.

He also is seeking undisclosed punitive damages to punish QVC for conduct that he alleges was intentional and committed with a “heedless and reckless” disregard for his rights and safety.

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