Jesus Delgado has filed a lawsuit against Merchsource, LLC and Target Corporation in the District Court of Harris County, Texas under the case number 2024-23064. The case was filed on April 11, 2024, and it revolves around severe burns that Delgado allegedly suffered from a foot bath product purchased from Target.
Delgado's legal representation claims that in November 2022, he bought the Sharper Image Spahaven Foot Bath from a Target store in Houston. On December 1, 2022, while using the product as instructed by the defendants, it overheated beyond its intended capacity causing severe burns to Delgado's feet.
The plaintiff had to undergo extensive medical treatment for second and third-degree burns on his feet due to the defendants' alleged negligence. The damages are estimated to be over $1,000,000 which includes costs for penalties, expenses incurred during medical treatment, pre-judgment interest and attorney’s fees.
Delgado is seeking judgment against Merchsource for design defect, warning defect, negligence and gross negligence related to the foot bath product. He alleges that Merchsource failed to properly test and design the foot bath and its components making it unreasonably dangerous for users. He also accuses them of failing to incorporate any safety cut-off or other mechanism to prevent severe overheating of water within the foot bath.