Bulletproof Vest Co. Point Blank Enterprises Facing Defective Product Class Action [UPDATE]
Last Updated on September 30, 2021
Ohio State Troopers Association, Inc. et al. v. Point Blank Enterprises, Inc.
Filed: October 19, 2017 ◆§ 0:17-cv-62051-UU
The plaintiffs claim certain models of bulletproof vests made by Point Blank Enterprises come with defective straps that can fail and pose a safety threat.
Case Updates
September 30, 2021 – Appellate Panel Affirms Dismissal
The August 2020 dismissal of the case detailed on this page has been affirmed after an appellate panel found that the lower court applied the correct legal standard and did not abuse its discretion in denying class certification.
The three-judge panel wrote in a September 27 opinion that the district court was correct in finding there existed no common evidence of a class-wide defect in Point Blank’s bulletproof vests at the time of sale, that the proposed classes are “overbroad,” that individual issues predominate over issues common to the proposed classes and that the plaintiffs have failed to provide a class-wide method for calculating damages.
According to the panel, the lower court properly found that individual inquiries would be required to determine how each consumer used their vest and whether they experienced the alleged defect.
All told, the plaintiffs failed to demonstrate that there are “questions of fact or law” common to proposed class members, i.e., those who the lawsuit sought to cover, that could produce common solutions and be resolved on a class-wide basis, the panel wrote.
The plaintiffs filed the appeal after the judge overseeing their case denied class certification and dismissed the case on August 24, 2020.
The Ohio State Troopers Association, Inc., the International Union of Police Associations, and three individual officers have filed a proposed class action lawsuit that alleges the shoulder straps on certain model bulletproof vests manufactured by defendant Point Blank Enterprises, Inc. are defective to the extent that they pose a “life-threatening safety issue” and cannot be reasonably relied upon for their intended use.
The 34-page complaint alleges the Point Blank Body Armor, Inc. and Protective Apparel Corporation of America model vests, touted by the defendant in its marketing materials as including an exclusive “Self-Suspending Ballistic System” feature, contain a concealed manufacturing defect that cannot be detected by proposed class members until the vests fail, creating an “imminent and substantial danger” to law enforcement. According to the complaint, Point Blank Enterprises has refused to notify purchasers of the vests of the alleged defect, and has yet to recall the products. From the lawsuit:
The lawsuit’s individual officer plaintiffs all claim the defendant, rather than honor its five-year express warranty for the vests, instead sent new components, such as new shoulder straps and gun carriers, which did not correct the alleged defect. Two plaintiffs, the case says, were forced to use duct and electrical tape while on duty to prevent their vests from falling off.
The lawsuit notes Point Blank was provided with a draft copy of the complaint back in March 2017 to which it did not respond.
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