Defective Product Lawsuit After Fracturing my Ankle?

by Ruth
(Flushing, NY, Queens)

On November 8, 2011 I was walking inside my apartment with my son and fell. I am positive that the reason I fell was my new shoes. There was no wet floor or anything slippery, the shoes just don't have any grip. I fell and my son fell right after me. My ankle fractured really bad and I needed surgery.

I now have to stay off my feet for 6-8 weeks. Yesterday I wore the same shoe again on my good foot while I walked to the store in crutches, and as I was walking to the elevator the shoe slipped and I almost fell again! Now I am super sure that it's the shoe that made me fall.

I walk on my feet and because I bought these sneakers I can't function anymore. I think these shoes are a hazard. Is there anything I can do about my injuries? Can I file a defective product lawsuit? Thanks.

Visitor Question:
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ANSWER for "Defective Product Lawsuit After Fracturing my Ankle?":

Ruth (Flushing, NY, Queens):

You made a mistake wearing the shoe again. From a legal standpoint there is little you can do. Unless you can convince an attorney to initiate a Class Action against the manufacturer of the shoes, you have little recourse.

People wear shoes all the time. They also fall often. Many a time a person will purchase an expensive pair of shoes with leather soles. Leather soles are quite slippery. If all those people who wore slippery shoes and fell as a result of them filed lawsuits, there would be literally millions of dollars in lawsuits.

We did some research to see if there were any recent cases involving slippery shoe soles and injuries as a result. Although we were able to locate a few cases where woman were injured when their spike heals of their show broke off in cracks in the sidewalk, we weren't able to find any involving "slippery soles".

If there was a case it would be what is called a "product liability" case. Regrettably your case doesn't appear to fall under this category.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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Defective Product
by: Anonymous

You might have a product liability case against the manufacturer of the shoe and the retail store which sold it to you. You should talk to a lawyer and explain what happened to you.

If the lawyer thinks you have a case you should go full force again the manufacturer of the shoe and the store who sold it to you. Feel better and protect your rights. No one is protecting our rights, it's our job to do it.

Slippery Soles...
by: B

I've had the same problem, although not to the point of fracture. Now I won't buy shoes with slippery soles. That makes it very hard to find a decent pair of shoes (mostly keds-style is what I'm looking for). I've complained to Keds and mentioned it at a few shoe stores to no avail.

Multiple companies make part of the sole with a non-skid material, but who only walks on just that narrow part of the sole?! And it's tedious to have to pull off all the slippery portion, although I did resort to that a couple times.

Why do they even make such faulty soles? Do they think the wearers just sit around all day?

Someone ought to sue the shoe makers!

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