I bought a pair of Dr Scholl’s sneakers at Walmart. The shoes have a piece in the end of the shoe that shouldn’t be there. I wore the shoes for a couple of days. Being Diabetic I don’t have feeling in my feet, and I didn’t notice the damage being done to my foot.
I took off my shoe after a couple of days and noticed it was full of blood, on checking my foot I saw the damage to my big toe. I didn’t know what I had done. I worried I had something in my shoe, but on checking I found the shoe had a piece sewed into the shoe which impacted my toe and toe nail.
I called my Dr. and made a quick appointment. But my Dr had called out that day so they sent me to urgent care because of my Diabetes. They prescribed a foot soak and Antibiotics. They told me to return in a week for followup.
Does the shoe company have any liability for this? The piece in the shoe that shouldn’t be there caused my injury. Is there anything I can do? 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.
Your question alludes to what is referred to as product liability. A manufacturer has legal “duty of care” to take every reasonable action to assure the products they make and sell are safe for consumers.
You have a legitimate point about whether or not the manufacturer and retailer should be liable for the injury you sustained. They may be, but to prevail in a product liability clam will require you to prove the manufacture and/or retailer knew, or should have known, their shoe was dangerous to diabetics. That will require retaining a personal injury attorney to purse the claim for you.
A product liability claim against a major manufacturer can take thousands of dollars to pursue. It’s rare for a manufacturer to admit their product was defective. To do so would invite thousands of lawsuits against them.
Unfortunately, for an attorney to accept a product liability case the attorney’s prospective client must have sustained substantial injury. While no one would doubt your pain, the blood in your shoe in and of itself does not rise to the level of a substantial injury.
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,
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