Shoes and footwear. We wear them every single day and trust manufacturers that they make them in compliance with safety footwear regulations. However, what many Americans do not realize is that thousands of people get injured due to defective or dangerous footwear and shoes every year.
A Philadelphia shoes and footwear injury attorney at Dan Doyle Law Group says that some of the most common footwear-related problems include:
All of these footwear-related issues can cause various injuries ranging from foot injury and back damage to head injury and broken bones, especially when the wearer falls or slips and falls due to the problem.
Seeking compensation for injury caused by defective or dangerous footwear
In Pennsylvania and all across the United States, shoe manufacturers have a duty to comply with safety regulations when it comes to designing, manufacturing, creating, producing, and distributing their products. Failure to comply with these regulations may potentially expose the manufacturer to a product liability lawsuit.
“Even the most reputable multi-billion-dollar shoe manufacturing company can make mistakes,” says our experienced product liability lawyer. “If a footwear manufacturing company accidentally distributes a defective shoe to its retailers and distributors, a customer may end up getting injured due to the defect. In that case, the injured customer will most likely be able to pursue compensation by suing the manufacturing company as well as other parties in the chain of distribution.”
Suing a shoe manufacturing company for defective footwear
More often than not, when a footwear manufacturing company makes a mistake, it recalls the defective or faulty shoe after discovering the manufacturing defect, design defect, or inadequate warning. Customers can sue the manufacturer only if the footwear that caused their injury was defective, faulty or dangerous before it left the manufacturer’s possession.
“Unfortunately, there are many cases when footwear manufacturers do not recall their defective or dangerous products until they become aware of the defect or dangerous design in a product liability lawsuit filed by an injured customer,” says our Philadelphia defective footwear and shoe lawyer.
How the manufacturer may challenge your product liability claim
Needless to say, filing a product liability lawsuit and recovering damages is always complicated, but even more so when your case involves dangerous or defective shoes or footwear. That’s because the shoe manufacturing company is very likely to challenge your claim by arguing that you are responsible for making the shoe “dangerous” or “defective” by wearing it improperly or for an unreasonably long time.
However, the notion that you have been wearing a defective shoe improperly or for an unreasonably long period of time can be easily disputed by an experienced lawyer who will hire an expert to examine the defective or dangerous shoe that caused your injury. That is why it is very important to keep the footwear that caused your injury and to take photographs of the footwear and your injuries as well as the scene where you sustained your injury.
Does it make any sense to sue the footwear manufacturer?
Collecting copies of your medical records and medical expenses (bills and receipts) is also vital to maximize the value of your settlement after winning your product liability case. Unfortunately, it does not make sense to sue the manufacturer unless you suffered a serious injury.
In other words, if the “dangerous” footwear caused minor blistering, rash, or irritation that disappeared within a few days, there is no sense in filing a product liability lawsuit. You would be better off bringing the defective shoe back to the retail store and asking it for a refund or exchange.
Let our shoe and footwear injury lawyers at Dan Doyle Law Group evaluate your case. Schedule a free consultation by calling us today.