Piece of metal in bottom of shoe caused serious infection...
I purchased a pair of shoes. After wearing them, a piece of metal from the inside of the sole of the shoe punctured the bottom of my foot, near the front heel of my foot. Over a week's time, my leg began to swell. I went to the ER to find out they were admitting me.
I had to have surgery and ended up amputating two middle toes because the infection from the metal got into the bone of my toes. I threw the shoes away because I was mad that it stuck my foot, but I still have the receipt because I used my debit card to purchase the shoes.
Do I have valid grounds for a lawsuit? Can I get the manufacturer or the store where I bought the shoes to compensate me for my medical bills and the loss of my toes? Thank you for any information you can give.
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ANSWER for "Piece of metal in bottom of shoe caused serious infection...":
Bobby (Memphis, TN):
The controlling Rule of Law in the fact scenario you present is referred to as Product Liability. There are generally three types of product liability claims:
1) Design Defects
Design defects may be clearly apparent. For example, a cell phone designed with a battery which overheats, causing the cell phone to catch fire. The cell phone might be considered defectively designed.
2) Manufacturing Defects
Manufacturing defects are defects which were not intended. For example, a car might be designed to be safe, but if during the manufacturing process one of the seat belt fasteners was placed in backwards, the seat belt may fail.
3) Marketing Defects
Marketing defects are flaws in the manner in which a product is sold or marketed. For example, a car seat for infants may have been designed and manufactured correctly, but the instructions for tethering the seat to the car were incorrectly translated from Chinese (where the seat was manufactured) to English. As a result, when parents followed the incorrect instructions and tethered the car seat as described, the infant seat failed to protect the infant.
When one or more of the above defects exists, and as a result, a consumer is injured, the company which designed, manufactured, and/or marketed the product may be liable for injuries sustained by a consumer who used the product.
Unfortunately, throwing out the shoes was a "fait accompli." Without the shoes you have virtually no way of proving the design, manufacture, or marketing of your shoes were defective and were the direct and proximate cause of your injury.
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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