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An Indianapolis woman is suing the maker of the Fitbit smart watch, alleging a defect in her watch’s battery caused it to overheat and gave her thermal burns.
According to the complaint, filed July 14 in the U.S. District Court for the Northern District of California, Nicole Hutchison’s Fitbit Versa 2 watch caused a “substantial burn” to her wrist.
The complaint alleges Fitbit Inc. knew or should have been aware of potential defects with the watch’s lithium-ion battery but instead “put profit ahead of safety” by continuing to sell the watch and failing to redesign it.
The lawsuit cites a 2022 recall of more than 1 million watches, along with a 2014 recall.
The four-count lawsuit alleges strict product liability, negligent product liability, breach of implied warranty of merchantability and breach of implied warranty of fitness for a particular purpose.
Hutchinson is represented by Harlan Law P.C. and Johnson Becker.
An initial case management conference is scheduled for Sept. 20, according to court records.
The case is Nicole Hutchison, an individual v. Fitbit, Inc., a Delaware Corporation, 4:23-cv-03520.
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