Visitor Question

Problem with sneakers caused me to stop playing basketball…

Submitted By: Patrick (Los Angeles, California)

I was playing basketball and my Kevin Durant Nike’s started to develop this problem where the tongue pops out of the shoe. After a while I hadn’t noticed that it was that problem with the shoe that caused my injury, which forced me to stop playing basketball. The sport I had played since I was 9 had never been the same.

I can’t run as fast or jump as high and I just realized today that I can’t wear these shoes. Do I have a case? I have pictures of the injury. I don’t have receipt of the purchase of the sneakers, but I’ve had them a couple years. I thought it was me all those years but it’s the shoe.

What can I do about this? Is there a valid case here? Thank you.

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 Patrick,

You are referring to a product liability claim for a defective product. In the State of California, to succeed in a product liability claim you have to be able to prove the following:

– You were injured by the product (your Nike’s)

– The product (Nike’s) were defective

– The defect caused your injury

– You were using the product as it was intended to be used

The first challenge you will have is to find a physician who will confirm your injuries were caused by the Nike’s and not as a result of any other activity. This will be exceptionally difficult, as so much time has passed since you first purchased the Nike’s.

The second challenge will be finding an expert witness to confirm the design or manufacture of the Nike’s was defective, and that defect was the direct and proximate cause of your injury.

Experts on shoe manufacturing defects are difficult to find and expensive to hire, especially to testify in a lawsuit. And you can be sure the Nike Corporation will not admit their shoe was defective. As a result, you would be in for an expensive and protracted lawsuit.

In addition, there is a two (2) year statute of limitations in the State of California for filing a defective products claim. This means if you aren’t able to settle your claim with the manufacturer and/or retailer, or file a lawsuit within that 2 year period, you will lose your legal right to pursue a claim against them for compensation.

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: June 12, 2016

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