Lawsuit against Walmart says choke chain failed when dog lunged

HUNTINGTON - A couple are suing Walmart Stores Inc. for injuries allegedly sustained from a defective dog collar purchased at its Cabell County store.

John Doe Manufacturer was also named as defendant in the suit.

In Fall 2011, Lance Herbert purchased a large 3mm choker collar for his 18-month old boxer, according to a complaint filed Aug. 16 in Cabell Circuit Court.

Herbert claims on Feb. 19, 2012, the boxer lunged and one of the rings on the choke collar failed, resulting in the collar to fly back, striking him in the left eye.

Walmart breached express and/or implied warranties to Herbert by failing to provide a safe choker collar with non-defective parts and safe structural integrity design and manufacture and capable of reasonable use, according to the suit.

Herbert claims the defendants negligently, carelessly and/or recklessly sold, distributed, tested, inspected, manufactured, repaired and/or designed the choke collar, permitting the choke collar to be sold and/or used in an unreasonably dangerous and/or unsafe and defective condition.

The choke collar was being used for the purpose for which it was intended and was in substantially the same condition as it was when it left the control of the defendants, and Herbert, who reasonably would be expected to use the choke collar, had no knowledge and no reason to suspect the choke collar was unsafe, according to the suit.

Herbert and his wife, Victoria Lynn Herbert, are seeking compensatory and punitive damages. They are being represented by Paul E. Biser of Fredeking & Fredeking Law Offices LC.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 13-C-588