Angela Carlson is asking for more than $25,000 in damages from the Zeroll Co. — a 77-year-old former Ohio company now based in Fort Pierce, Fla. — in a lawsuit filed recently in Ottawa County Circuit Court.
In the lawsuit, Carlson says she was washing the scoop on March 6. She placed it in a sink of warm water “when the end cap of the ice cream dipper suddenly and unexpectedly exploded off the base of the product,” she claims, and it struck her eye and face, causing "serious personal injuries."
Carlson claims the incident caused development of glaucoma, decreased vision and asymmetry of the pupil. She also claims she will need surgery to implant an artificial lens, and that she has persistent headaches and post-traumatic stress disorder.
The lawsuit claims the company was negligent in its manufacture of the product, that there was a breach of warranty, and that they did not provide timely warnings “to foreseeable users.”
To read the lawsuit document, click on the Related File (ice cream scoop lawsuit) at the bottom of this story.
Carlson’s attorney, Adrian Reed of Dale Sprik & Associates of Grand Rapids, said her client would not be making a comment regarding the lawsuit.
Calls to the Zeroll Co. and its parent corporation — Fort Lauderdale, Fla.-based The Legacy Companies — were not returned as of press time.
The U.S. Consumer Product Safety Commission issued a recall of the Zeroll ice cream dipper on Dec. 20, 2011.
The dipper was sold through Pampered Chef from July through September 2010. It is a scoop filled with a non-toxic liquid, which conducts the heat of a person’s hand to more easily scoop ice cream.
The recall announcement said the cap on the end of the scoop could come off with force when exposed to warm water. The commission noted at the time of the recall that it had received 16 reports, including damage to kitchen items and six reports of injuries.
Consumers were advised to stop using the product immediately.
Carlson’s attorney would not confirm that the scoop she was using was part of this recall.
The Zeroll Co. first started making the fluid-filled ice cream scoop in 1933 and continues to market it today.
Anyone who purchased the scoop with the words “Pampered Chef” printed on the cap may contact their sales representative about a replacement. To make a report to the U.S. Consumer Product Safety Commission, visit saferproducts.gov.