NASHVILLE, Tenn. (WKRN) – A Nashville family who lost everything in a house fire earlier this year has filed a lawsuit against Amazon and its subsidiaries.
Brian and Megan Fox’s home on Radcliff Drive in west Nashville on Jan. 9, 2016 was the first reported house fire in Tennessee believed to have been started by a hoverboard.
The lawsuit is seeking $30 million in damages.
The family has filed the lawsuit against Amazon and its many subsidiaries, as well as W2M Trading Corporation, who the family says they believe sold them the hoverboard through the Amazon platform.
Megan Fox paid $274. 79 for the FITURBO F1 in November 2015 as a Christmas gift for her 14-year-old son.
Previous story: 2 Nashville fires in 3 months caused by hoverboards
When it was given to him on Christmas, the lawsuit claims the instruction pamphlet “contained no warnings about risk of fire, no warnings about excessive heat following use, and no warnings about excessive heat of the risk of the fire while charging the product or shortly thereafter.”
The lawsuit claims that the defendants knew of multiple instances of fire caused by hoverboards that had sold or distributed through Amazon.
It states that the defendants had a duty to warn purchasers of any potential hazardous conditions, even if it was discovered after the products were sold.
Fire officials told News 2 at the time of the fire that the couple’s teenage daughter and son were home at the time of the fire and heard a noise downstairs. The two decided to hide in case it was an intruder.
When the 16-year-old realized there was a fire; she kicked out a second story window and jumped into her father’s arms, who had arrived shortly after she had called him seeking help.
“I got there and I was kicking in the doors and I thought, ‘I’m going to lose two of my four children today,’” said Brian Fox.“I was yelling for her, ‘Please jump, baby; Please jump,’ and she jumped out the window without hesitation.”
Fox was then able to get a ladder to his 14-year-old son.
The teen jumped through the window and he and his father fell off the ladder to the ground below.
According to the lawsuit, the 16-year-old suffered a sprained ankle and deep lacerations on her legs, which required stitches. The 14-year-old suffered lacerations to his hands and legs, suffering nerve damage in his left hand.
Brian Fox fractured two bones in his right elbow during the fall from the ladder.
The home was destroyed by the fire with damages expected to total $1 million.