Most people don’t stop to think twice when buying a new pair of shoes. Whether it’s for style, comfort, athletic performance, or something else, we always expect our footwear to be safe and functional. However, the dangers of toning tennis shoes, athletic shoes, high heels, and other shoes cannot be overstated. Defective footwear can lead to serious injuries such as ankle sprains, falls, long-term joint problems, and more. In certain cases these injuries may even justify taking legal action against the manufacturer.
Over the years, there have been numerous lawsuits related to faulty shoewear. High heels with unstable designs, toning shoes causing injuries, and general defects causing injuries due to poor arch support and other reasons are all causes for concern. If you have suffered an injury due to defective footwear, you may have wondered whether or not you have a legal case on your hands. Explore the types of defects that can make shoes dangerous along with the legal grounds for filing a lawsuit to see if it aligns with your case.
When a pair of shoes doesn’t lead to the function you expected, the consequence can be surprisingly serious. Footwear defects often lead to a variety of short and long-term injuries, including:
Shoes that have poorly designed soles or weak grips can cause users to slip on smooth surfaces. This is an especially dangerous situation for elderly individuals or workers who need their footwear to be stable for safety reasons. A loss of tractions can lead to serious falls that cause broken bone, head injuries, or general sprains.
Unstable or poorly structured footwear can lead to sudden twists or falls that cause fractures in your foot or ankle. Specifically, high heels with narrow bases or sneakers with weak lateral support increase the risk of rolling an ankle which can result in painful ligament damage or fractures.
Shoes that lack proper arch support can lead to long-term problems such as plantar fasciitis, knee pain, or lower back pain. Over a long period of time, wearing defective shoes can alter a person’s gait and put extra strain on their body. This can lead to chronic discomfort that is challenging to resolve.
In rare cases, footwear can be made with hazardous materials that cause skin irritation or allergic reactions. If there are toxic adhesives, dyes, or synthetic materials used in the production then prolonged exposure can result in blisters, burns, or infections.
Anytime an injury occurs due to a defect in the shoe itself, the manufacturer or seller of the item could and should be held responsible. However, the definitiion of what a defective shoe actually is is more complicated than meets the eye.
Not all footwear injuries result from defects as improper use and wear and tear can also be to blame. However, if a shoe has a flaw that makes it inherently dangerous then it may fall under one of many types of product defects. First and foremost, a design defect is one which means the shoe was poorly designed from the start and, even if manufactured correctly, can remain unsafe for users.
The second type of defect is a basic manufacturing defect which occurs when something goes wrong in the production of the shoe itself. This can be an issue with the materials used, the assembly, quality control, or something else entirely. Finally, marketing defects can also be to blame as some shoes may pose a risk due to misleading marketing or inadequate warnings on use of the shoe. If any of the above defects contributed to your injury then you may have legal grounds for a lawsuit.
Lawsuits for defective footwear generally fall under product liability law which holds manufacturers and sellers accountable for selling dangerous goods. There are several legal aproaches that you can consider taking, with struct product liability being the first. Under this principle, a company can be held responsible for your injury if the shoes was defective when it left the manufacturer, the defect caused the injury when the shoe was used as intended, or if you as the consumer suffered damages as a result.
You can also consider filing for a negligence claim if a company has failed to test its product properly or ignored safety concerns. However, you will need to prove that the manufacturer of the shoe(s) failed to take reasonable stpes to ensure the shoe was safe.
The final option you have on the table is to file for a breach of warranty lawsuit which is when a product doesn’t perform as promised. This means that it violates its express warranty or implied warranty, which are essentially the claims made by a manufacturer and the expectation that a product is safe to use. If your shoe’s falure contradicts the intended function then this may be grounds for a lawsuit.
In the event you file a lawsuit based on the above and are succesful, you may be able to receive compensation for your injury or injuries. The most common types you may be entitled to include:
Suffering an injury caused by defective footwear can be a frustrating and painful experience but you don’t have to bear the burden of this event alone. If the design of the shoes, manufacutring issues, or misleading marketing were to blame, then consider reaching out to an accredited lawyer who has experience with product liability cases. They can help you recoup compensation for the damages you suffered as a result. However, prior to purchasing a new pair of shoes, protect yourself by also researching the brand, reading customer reviews, and ensuring that the footwear meets all safety and comfort standards necessary.
