On November 3, 2015, Megan Fox purchased what she thought was a FITBURO® F1 with an “original Samsung advanced battery” from a company called “W-Deals” through Amazon’s website. The hoverboard remained in a closet until Christmas, when it was given to her 14-year-old son. Subsequently, on January 9, 2016, the hoverboard’s lithium ion battery overheated and started a fire that destroyed the$1 million home in Nashville, Tennessee and injured three family members.
The six-member Fox family filed a lawsuit last week alleging negligence and seeking damages from Amazon and seller W2M Trading. According to The Tennessean, the Fox family of Nashville claims that Amazon knew the hoverboard in question was a dangerous product, but sold it anyway. The lawsuit alleges that the hoverboard was a counterfeit product from China. Moreover, the lawsuit claims the hoverboard’s seller – listed online as “W-Deals” – is a scam organization. The family reportedly believed they were buying a product with a Samsung lithium ion battery, but what they received was a counterfeit product from China. The family’s lawyers tried contacting W-Deals to no avail, so now they’re turning to Amazon, citing Tennessee product liability law, which holds the seller responsible if the manufacturer can’t be found. The suit seeks $30 million in damages. In Tennessee, the seller is liable if the manufacturer cannot be found. The family’s lawyer has yet to find the manufacturer, even after months of investigation.
“The Foxes contend that Amazon and its various subsidiaries had information about the danger of this product well in advance of the January 9 fire, and on top of that, they had notice, they should have known the product was being misrepresented on their website,” lawyer Steve Anderson said, according to The Tennessean.
The lawsuit seeks $30 million in damages.
An Amazon representative declined to respond, saying the company does not comment on litigation.