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Choose Your Undergarments Wisely

The title sounds a bit foolish…comical, even. But you won’t find a Los Angeles traffic cop by the name of Macrida Patterson laughing anytime soon.

In May 2007 Patterson was changing in the locker room at work after her shift. As she was putting on her Victoria’s Secret thong underwear, a piece of metal flung from the undergarment and popped into her eye.

Patterson claims she was in excruciating pain but managed to drive home that evening. She didn’t realize how severe her injury was until the next morning when she awoke to much discomfort in her eye. She then decided to go to the hospital.

Come to find out, the piece of metal to Patterson’s eye caused three cuts to her cornea. She was treated with some topical steroid and had to take time off from work.

Patterson hired attorney Jason Buccat and filed a lawsuit against Victoria’s Secret in June 2008. Her counsel says the lingerie store chain should pay for the incident. Patterson sued Victoria’s Secret for the eye injury she suffered because of what she alleges to be a defective thong. The offending garment is a blue bit of fabric with a rhinestone heart forming part of the waistband, connected to the fabric by metal links.

Victoria’s Secret wasn’t allowed the chance to examine the item of apparel, which Patterson had owned for a while and had worn and laundered previously.

Buccat advised Patterson to hang onto the undergarment, as it was a piece of evidence.

Buccat refers to “the stream of commerce” as a product that was defective in manufacture and design, saying that what he had wasn’t a thong that went sprong, but a product liability case.

He said how much money — if any — it will take to pay her medical bills, alleviate her pain and suffering, and compensate her time away from work would be determined at trial, adding that it would be more than $25,000.

Lesson here folks—just stick to the granny panties.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.