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Woman suing Lululemon for $150K over 'negligent' design

Edmonton woman suing Lululemon for nearly $150,000 after allegedly getting hit in eye by jacket drawstring (Photo: Getty Images)
Edmonton woman suing Lululemon for nearly $150,000 after allegedly getting hit in eye by jacket drawstring (Photo: Getty Images)

An Edmonton woman is suing Lululemon Athletica Canada Inc. for $147, 193 because she says she suffered from a serious injury after being hit in the eye with a metal-tipped elastic drawstring on her jacket.

The incident occurred when Patricia Beaulieu was shopping at a Costco store in Edmonton, Alberta, on July 19, 2009. After trying to reach something from a pallet, the draw cord from Patricia’s jacket allegedly got caught and snapped backward into her left eye.

Beaulieu claims that she subsequently suffered from serious injuries, including a 2.7 mm by 2.7 mm corneal abrasion (a scratched eye/cornea) and traumatic hyphema to her left eye.

According to the National Post, she suggests that the famous athletic apparel company was “negligent” in a few aspects of the design of the jacket:

— The use of elastic material for a cord that hangs near the wearer’s face.
— The use of a metal tip on the draw cord.
— Failing to use safer draw cord material when there was ‘little or no advantage to using elastic and the risk of harm was obvious, foreseeable and easily preventable.’

In a statement of claim Beaulieu filed with the Court of Queen’s Bench of Alberta back in November, she stated that she should be compensated for loss of income, earning and housekeeping capacity, care costs and out of pocket expenses (this in addition to enduring pain and suffering caused by the injury).

The Government of Alberta is also named as a plaintiff in this case; it’s seeking to have Lululemon pay over $2,000 in hospital costs, plus interest.

In June 2015, there was a joint recall with Health Canada, the U.S. Consumer Product Safety Commission and Lululemon Athletica over select styles of Lululemon Athletica tops with elastic draw cords (with hard metal or plastic tips in the neck area)—about 185,191 products in Canada and 133,288 in the U.S., primarily sold prior to 2014, were included in the recall.

Consumers were warned that when the elastic draw cord was accidentally pulled or caught on something and released, it could snap back and make contact with the face area and result in injury.

In the recall notice, consumers were further advised to “stop wearing the tops with the elastic draw cord and either remove the draw cord or contact Lululemon Athletica to request a new, non-elastic draw cord” with instructions on how to replace it.

Health Canada received five reports and the U.S. received one report of consumer incidents and injuries related to the use of these tops.

In her claim, Beaulieu said the jacket she purchased was one of the models subject to the Health Canada recall.

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