Legal Question in Personal Injury in New York
Failed FILA sneaker leads to ruptured achilles tendon
On September 6, 2000 while running in the park with my husband, my sneaker sole split causing me to rupture my achilles tendon. I was taken to the hospital and admitted for emergency surgery.
I am now wearing a cast and must get around in a wheelchair or crutches.
The sneakers which were manufactured by FILA are not particularly old or worn. I had not been running for more than a few steps however I was running fast.
My question is, how do I find out if there have been any other claims filed againt FILA for a similiar incident? Do I have a case?
2 Answers from Attorneys
Re: Failed FILA sneaker leads to ruptured achilles tendon
You may have a claim. You will have to show that the sneaker was defective or improperly designed. As part of the lawsuit, you will learn if there were prior claims against FILA.
You will need to speak with an attorney.
Daniel Clement
Re: Failed FILA sneaker leads to ruptured achilles tendon
I received your post on 10-20-2000.
You may have a viable suit...but in order to prevail, expert evaluation will be required to determine whether the sneaker gave way because of use, abuse, or a manufacturing or design defect. Additionally, it must be shown that the sneaker/shoe 'malfucntion' was the cause of the incident. Witnesses would be helpful.
Try www.atla.org (I think some parts are available to non-members) to see about prior problems, or try the government's Consumer Products Safety Comminssion site. (sorry..I do not known address).
Any questions, please e-mail me directly at [email protected]
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