HOUSTON (Legal Newsline) – A Texas mother alleges her toddler was injured after ingesting a button battery from an Apple TV remote.
Morgan Gartner, individually and as next friend of E.G., a minor child, filed a complaint on June 29 in the U.S. District Court for the Southern District of Texas Houston Division against Amazon.com Inc. and Hu Xi Jie alleging strict products liability, gross negligence and breach of implied warranties.
According to the complaint, on April 17, 19-month old E.C. ingested a button battery from a generic Apple TV remote control that was manufactured and/or sold by defendants. The plaintiff alleges the button battery became lodged in E.G.'s esophagus and E.G. was taken to a hospital emergency room where it was extracted. The suit states E.G. has suffered permanent injuries to her esophagus as a result.
The plaintiff alleges that the remote's battery compartment failed to require a tool to access it.
The plaintiff holds Amazon.com Inc. and Hu Xi Jie responsible because Amazon allegedly failed to warn of the remote's dangers.
The plaintiff requests a trial by jury and seeks judgment for actual and exemplary damages, pre- and post-judgment interest, and any other relief the court determines under the circumstances. She is represented by Jeff M. Meyerson of The Meyerson Law Firm PC in Austin, Texas.
U.S. District Court for the Southern District of Texas, Houston Division case number 4:18-cv-02242