Visitor Question

Son has broken femur due to shoe falling apart while playing basketball…

Submitted By: A (USA)

My son fell and broke his right femur during a basketball game with friends at church. At the time of the fall, he was shooting the ball and his right shoe ripped open when he planted his foot to shoot, causing his foot to slide out and him to fall in such a way that he landed awkwardly and snapped his right femur.

His femur was completely severed which led to an ambulance ride to the emergency room, surgery to insert a rod in the bone and several days in the hospital as well as several weeks recovery time. This happened over a month ago and full recovery will be several more weeks.

He is 16 years old and needless to say, this has pretty much ruined his summer not to mention any lasting damage that he will have to endure throughout his lifetime.

I would like to know who I would need to talk to about those shoes and how to determine why they are defective. They were not even 3 months old and do not show any wear other than some dirt on the outside.

Apparently, the material they are made with is very cheap as I did notice a small hole in the left shoe before the accident happened. The right shoe did not show any wear before the accident.

I fully believe the accident would never have happened if the shoe had remained intact as it should have. What can I do about this?

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 A,

You may have the basis of a “product liability” claim against the manufacturer of the shoe. You and your son would be best served by not speaking with the manufacturer or any of the manufacturer’s representatives until you speak with an attorney with experience in product liability cases.

Product liability cases are complex. They require expert scientific evaluations and testimony. Manufacturers rarely admit to product defects. To do so would be an invitation to hundreds of thousands of product liability lawsuits.

Experienced personal injury attorneys will have to file a lawsuit, engage in pretrial activity including depositions, company records examination and more.

Most personal injury attorneys won’t charge a fee for an initial office consultation. It would be a good idea to visit with several as soon as possible. In the interim, be sure to preserve the shoe so the attorneys can see it. Be sure to bring along to the consultations copies of your son’s medical bills.

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: July 2, 2013

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