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BOSTON, Mass. (WBZ NewsRadio) – A Braintree woman is suing Walmart claiming she was severely injured after purchasing a water bottle from the vendor.
On Wednesday, Emily Hoard filed a lawsuit in federal court in Boston claiming losses related to personal injuries because of a breach of warranty and negligence.
Back in 2018, Hoard purchased a 24-ounce Ozark Trail vacuum insulated stainless steel bottle, a Walmart brand, from a store in Quincy.
According to the suit, Hoard filled the bottle with Arizona-brand mango juice on October 1, 2018. By the end of the day, only one-quarter of the juice was left in the bottle.
Hoard had also placed the bottle in her backpack and took it out ten days later. When she tried to remove the top, it was tightly sealed.
"As the plaintiff continued her effort to remove the subject bottle-top, the top suddenly and without warning ejected with enormous force from the subject bottle, striking plaintiff below her chin and lower jaw with extreme velocity, causing massive damage to the plaintiff's jaw and face," the lawsuit read.
Hoard was then reportedly taken to Boston Medical Center for medical attention.
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The lawsuit said that Walmart should have known the tops from the Ozark Trail bottles can explode from increased pressure. This often happens when liquid contents, including juice, are left in a bottle for an extended period of time.
While the company outlined other warnings in the bottle’s packaging, they did not warn customers about the “unsafe and defective condition and design,” the suit said.
The court documents say Walmart is at fault for failing to recall the bottle after learning about this defectiveness. Currently, the bottle is still available for sale on Walmart’s website.
No court dates have been set and Walmart has not filed any court documents. The lawsuit also does not indicate if Hoard is seeking any monetary compensation.
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