Macrida Patterson, 52, is suing in Los Angeles for a classic California tort: a defective thong. Patterson alleges that Victoria’s Secret sold her a “low-rise v-string” from its “Sexy Little Thing” collection that malfunctioned and caused a metallic piece to fly off an hit her in the eye. This is not the first such suit against the clothing giant.
Patterson says that the metal fragment caused an injury to her cornea. resulting in a loss of work as a traffic officer and lifetime eye problems.
Piece of flying metal would certainly seem to satisfy the consumer expectation test under Restatement (Second) of Torts. It would be beyond the expectation of the ordinary consumer that a sexy little thing would actually (rather than figuratively) blind you.
This follows another recent complaint over a bra malfunction with a Victoria Secret product.
For a copy of the complaint, click here.