Visitor Question

Defective Shoes Caused Fall Down Steps…

Submitted By: (Indianapolis, IN)

I was walking down steps when my shoes rolled over causing me to fall down the flight of stairs. I was hospitalized 2 weeks. I received a broken ankle and injured my head, neck, and shoulder and suffered a back injury. All due to these defective shoes. I even now have to have home care assistance.

Can I sue the shoe company? What about my medical bills? I need to do something. Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear ,

Some personal injury cases can be handled without an attorney. Your is not one of them. Because of the seriousness of your injuries you will need the experience and skills of a personal injury attorney.

The most important thing at this point is for you to fully recover. If the injury occurred recently you’ll have plenty of time to pursue the shoe company. In the State of Indiana the statute of limitations, or the legal time period, within which you have to settle your case or file a lawsuit is 2 years from the date of your injury.

If a personal injury attorney accepts your case she may be able to give “Letters of Protection” to your medical creditors. Those are documents drafted by your attorney which guarantee to pay the medical creditors from the bulk of your personal injury settlement. If your medical creditors accept the LOPs you won’t have to be concerned with the bills for now.

You may not have to sue anyone. If your attorney can gather proof the shoes were defective she may be able to settle your claim without litigation. In addition to the shoe manufacturer your attorney may be able to pursue a claim against the store where you purchased the shoes.

Be sure not to sign any documents from the shoe company or the store or anyone purporting to represent them. Begin to gather copies of your medical records. Don’t throw the shoes out. Keep them in the exact condition they were at the time you fell. If you change anything in the shoe you may damage your case.

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

Best of luck,

Published: January 14, 2013

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