Class Action Lawsuit Filed over Invicta Pro Diver WatchesDec 1, 2016
Plaintiffs Allege Invicta Watches Lack Water Resistance
A class action lawsuit was filed on behalf of individuals who purchased the Invicta Pro Diver Series Watches ("Pro Diver Watches") alleging that the watches are defective and not water resistant, despite marketing claims. The suit was filed in the United States District Court for the Southern District of Florida. Invicta Watch Company of America was named as the defendant. Allegedly, Invicta markets its Pro Diver Watches as water sports watches that are durable enough for diving and other water activities. However, plaintiffs in the lawsuit allege that the watches lack water resistance, and are prone to leakage. Invicta is accused of failing to address this alleged defect, despite a number of complaints from customers.
The product liability lawyers at Parker Waichman LLP represent many consumers in lawsuits over allegedly dangerous or defective products. The firm continues to offer free, no-obligation case evaluations.
The company is accused of violating the Magnuson-Moss Act, a statute governing product warranties. The suit also alleges that Invicta breached Florida's deceptive practices and false advertising laws as well as common law claims for breach of express warranty.
According to the Complaint, Invicta tells consumers that its Pro Diver Watches are water resistant at depths of 50 to 300 meters. The products are represented as being able to withstand serious water sports, including diving, marine activity and surface water sports. Consumers paid roughly $75 to $250 for the watches. The plaintiffs allege that, contrary to marketing claims, the watches are not water resistant; condensation and bubbles are prone to form under the watch face and the product is susceptible to water damage, the suit alleges. The Complaint states that many customers are stuck with damaged or broken Invicta watches. The class action seeks damages exceeding $5 million.
The lawsuit lists numerous ways that the Pro Diver watch is promoted as a product that can sustain water activities.
One of the plaintiffs alleges he wore the Pro Diver watch while in a swimming pool. According to the Complaint, he noticed condensation and water droplets forming under the watch face even though he had only engaged in mild water activity. The plaintiff also alleges that the second hand of the watch stopped working when leaving the pool. He then allowed the watch to dry before wearing it out again next month while on a boat. This time, the complaint alleges, the watch was exposed to water and the plaintiff again noticed condensation. He also noticed that rust appeared inside the watch due to water exposure, the suit claims. These alleged defects caused the watch to be devalued and subsequently unusable.
The lawsuit alleges that Invicta failed to address the defect despite reports from consumers. The Complaint cites negative consumer reviews with similar reports of condensation and water damage, and alleges that Invicta was aware of these complaints but failed to act. Plaintiffs claim that Invicta misrepresented the product.
Consumer Product Lawsuit Questions
Parker Waichman keeps up-to-date with consumer news. The product liability attorneys are available to answer any questions you may have about filing a lawsuit over a defective product. Oftentimes, plaintiffs in a class action lawsuit over an allegedly defective product allege that the product did not live up to marketing claims. With the Pro Diver Watch, the allegations focused on claims of water resistance. These customers purchased the product under the impression that it would perform a certain way, and allege that the product failed to deliver.
In some cases, defective products are dangerous and can lead to personal injury. For example, numerous lawsuits have been filed against Johnson & Johnson alleging that its talcum powder products such as Baby Powder and Shower-to-Shower increase the risk of ovarian cancer. Plaintiffs in the litigation cite studies linking talcum powder products to an increased risk of cancer and allege that J&J should have placed a warning on its products.
Even when defective products do not cause bodily harm, a lawsuit may be warranted. Pursuing litigation seeks compensation on behalf of consumers who were allegedly deceived. Bringing a lawsuit can result in monetary awards, but it also holds companies liable for their actions. Suing over a defective product sends the message that companies must be truthful about the products that they sell, and misrepresentations will have legal consequences.
Filing a Product Liability Lawsuit
Parker Waichman has spent decades representing consumers in product liability lawsuits involving defective or dangerous products. If you or someone you know is interested in filing a lawsuit, contact one of our attorneys today. Our firm offers free, no-obligation case evaluations. For more information, fill out our online form or call 1-800-YOURLAWYER (1-800-968-7529).