Defective Product Lawsuit After Fracturing my Ankle?
(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.
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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,
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