Foot injury from golf shoes...
(Long Beach, CA)
I regularly walk 18 holes (approx 6 miles) in my top of the line Ecco golf shoes. One particular day while playing golf, my feet started to hurt, and upon removing my shoes, I saw that they had both split right across the soles, where the cleats are.
I have since been in horrible pain, had x-rays, orthotics, cortisone injections, an MRI, a nerve conduction test, and more orthotics. My feet still hurt after almost 4 months, two podiatrists and an orthopedic surgeon.
I am 100% convinced that the golf shoes caused my injury, as I have never had any foot problems in the past. I've suffered, and continue to suffer severe pain in both feet after walking, while wearing the damaged shoes.
I have spoken to customer service at Ecco, who have been very pleasant, and wished to give me new golf shoes, but I feel that they should help with my medical expenses. Are they responsible for my medical expenses? Is there a case for me to pursue? Thank you for any information you can provide.
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ANSWER for "Foot injury from golf shoes...":
Angie (Long Beach, CA):
It's important to be aware of the legal concept of "mitigation." In civil product liability injury claims, a victim must do everything within reason to avoid those features of a product, or the product itself, which continues to cause pain and discomfort.
You state, "I've suffered, and continue to suffer severe pain in both feet after walking, while wearing the damaged shoes." You must stop wearing these shoes. You can't logically pursue an injury claim against the manufacturer if you continued to wear the shoes that were causing you injury.
The legal doctrine you are impliedly referring to is product liability. To succeed in a product liability injury claim will require showing the shoe was defective, and that defect was the direct and proximate cause of your injury.
To establish the shoe was defective and that defect was the proximate cause of your injury will require extensive technical evidence. Moreover, you can be sure the manufacturer will not admit the shoe was defective in its manufacturer or design.
To admit the shoe was defectively designed would be an open invitation to thousands of others to file lawsuits over the shoe. As a result, you will have to file a lawsuit and fight hard to win your case. That’s something you don't want to do alone. You will need to find an attorney with experience in product liability claims.
Product liability lawsuits, especially against large manufacturers, are hard fought by both sides, and can take years to finalize.
Unfortunately, while your injuries are serious, they likely aren’t serious enough for an attorney to agree to represent you. Attorneys normally accept product liability cases on a contingency fee basis. This means they do not charge any legal fees until and unless they settle the claim or win at trial.
For an attorney to accept a case like yours means he or she must work for a year or more without any legal fees.
Your best bet will be to continue to work with the manufacturer to convince them to reimburse you for your medical bills and related expenses.
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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