$225,000 Product Liability Settlement for Defective Shoes
Settlement After Defective Orthopedic Shoes Caused a Serious Fall
Our client, who was a nurse, was simply taking a walk when the sole of her orthopedic shoe detached and fell off. She tripped and fell to the ground, suffering serious injuries that included shoulder adhesive capsulitis, a biceps-labral tear, and a rotator cuff tendon tear. Extensive surgery and therapy were required as part of her rehabilitation.
A lawsuit was filed on her behalf alleging that the shoes were defectively made or assembled. Rather than continue toward trial, the shoe manufacturer agreed to resolve the case for $225,000 for the benefit of our injured client.
What Is Product Liability?
Product liability is the area of law that may allow an injured person to pursue compensation when a dangerous or defective product causes injury or death. A product may be defective because of the way it was designed, manufactured, assembled, marketed, labeled, or sold.
The U.S. Consumer Product Safety Commission maintains recalls and product safety warnings for consumer products. A recall or warning is not required for every product-liability case, but product safety records may sometimes help show that a product presented a known danger.
In a defective product case, it is usually not enough to show only that a product broke or failed. The injured person must also connect the defect to the injury. In other words, the case often requires evidence of both liability and damages.
Basic Types of Product Liability Claims
Every state’s laws are different, but many product-liability cases involve three general categories: defective design, defective manufacture, and inadequate warnings or instructions.
Defective Design
A defective design claim may involve a product that was manufactured as planned but was still unreasonably dangerous. In that type of case, the problem may affect the entire product line rather than only one item. Examples could include a child booster seat that fails to protect a child in a crash or a toaster oven with a handle that becomes dangerously hot during normal use.
Defective Manufacture or Assembly
A defective manufacturing or assembly claim may involve a product that was properly designed but was made incorrectly, assembled poorly, damaged during production, or otherwise released in a dangerous condition. In this settlement, the lawsuit alleged that the orthopedic shoes were defectively made or assembled, causing the sole to detach and leading to the fall.
Inadequate Warnings or Instructions
Some products are not defectively designed or manufactured, but still create danger because the manufacturer failed to provide adequate warnings or instructions. A product may require clear directions, safety warnings, age limits, dosage instructions, maintenance instructions, or warnings about foreseeable risks.
Product Defects and Trip-and-Fall Injuries
Defective footwear can create a serious fall hazard when a sole separates, a heel fails, traction is inadequate, or the shoe does not perform as expected during ordinary use. A fall caused by a defective shoe may lead to shoulder injuries, wrist injuries, hip injuries, back injuries, head trauma, fractures, or other harm.
Some cases may involve both product-liability issues and slip and fall accident issues. The key question is usually what caused the fall. If the fall happened because a product failed, the investigation may focus on the manufacturer, distributor, seller, product design, assembly process, warnings, prior complaints, and available safety information.
Why Product Liability Cases Can Be Contested
Manufacturers often defend product-liability cases aggressively. They may argue that the product was not defective, that the product was misused, that the injury had another cause, or that the defect did not cause the fall. These cases can require product inspection, expert review, medical records, photographs, purchase information, prior incident evidence, and careful preservation of the product itself.
Because the product may be critical evidence, an injured person should not throw it away, alter it, repair it, return it, or allow it to be destroyed before speaking with an attorney.
Legal Help After an Injury Caused by a Defective Product
Since 1990, Sexner Injury Lawyers LLC has represented injured clients in Chicago and throughout Illinois. If you were harmed by defective shoes, unsafe footwear, or another dangerous product, call 312-243-9922 or contact us for a free case evaluation.
