CHARLESTON – A man is suing Harbor Freight Tools after he claims he was injured by a defective product purchased at one of its stores.
Badland Winches was also named as a defendant in the suit.
On Dec. 15, 2015, Jerry Miller purchased a Badland Winch #61297 from Harbor Freight Tools, according to a complaint filed Oct. 26 in Kanawha Circuit Court and removed to federal court on Jan. 8.
Miller claims on Jan. 28, 2017, he was operated the Badland Winch at his home when it failed to operate correctly and/or as expected, causing significant, substantial, serious and severe personal injuries to him.
The plaintiff was utilizing the Badland Winch in a proper manner and in a manner that was reasonably intended, according to the suit.
Miller claims Harbor Freight and Badland Winches were negligent in designing, manufacturing, assembling, testing, providing with warnings, inspecting, marketing, distributing and/or selling the product.
The Badland Winch was defective, had faulty wiring, failed to properly shut off when the remote was disengaged and failed to warn users of potential dangers of the product, according to the suit.
Miller is seeking compensatory and punitive damages. He is being represented by Marvin W. Masters and Clayton G. Anderson of The Masters Law Firm.
Harbor Freight is represented by Clem C. Trischler of Pietragallo Gordon Alfano Bosick & Raspanti.
U.S. District Court for the Southern District of West Virginia case number: 2:18-cv-00026