Walking Shoes Caused Fractured Kneecap...

by Anonymous
(USA)

I fell and fractured my knee cap. I was wearing toning shoes which have "bumps" on the bottom. I believe that one of them snagged on something on the road and I fell. I went to the doctors who said I fractured my kneecap.

Do I have a product liability case against the manufacturer of these shoes since I was walking normally and they still caused my fall?

Visitor Question:
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ANSWER for "Walking Shoes Caused Fractured Kneecap...":

Anonymous (USA):

You might have a product liability case against the manufacturer of the shoe and the retail store which sold it to you. With that said let’s discuss the reality of the entire matter...

It will be almost impossible to prove that the cause of your fall and resultant injury was the design of the shoe. Even if you were to get past that issue you would have to have sustained enough damages to make the case worth going through the legal process.

You could always contact the manufacturer of the shoe and explain what happened. At that point you could ask them to compensate you for the cost of your medical bills, your out of pocket expenses while recovering, your lost wages, and an amount for the pain and suffering you endured. They will probably be polite and send you a letter declining responsibility.

Your next step will be to file a lawsuit against the retail store and the manufacturer. You will be up against the store’s and the manufacturer’s attorneys. Would they settle your case instead of going through a trial? Maybe, or maybe not.

If they do agree to settle they probably won’t offer you very much; probably enough to cover your medical bills and a small amount for your trouble.

A shoe manufacturer will not so easily agree the design of their shoe is faulty with the potential for causing injuries. If the attorneys don’t offer to settle and the case goes to trial you would have to find and pay shoe design experts to testify the design of the shoe is faulty and your injury was a direct result of that faulty design.

The reality of the case doesn’t look too promising. Hopefully you have set those shoes aside or have donated them to Goodwill or the Salvation Army.

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,

Judge Calisi

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