Defective Product Attorney Case | Joel H. Schwartz, P.C.Joel H. Schwartz, P.C.

Defective Product Attorney Case

Defective Dress Shoe – Ankle Fracture – $175,000.00

Reported in the Lawyers Weekly
Massachusetts Lawyers Weekly

In this case the plaintiff purchased a pair of ankle boots that had a 3 inch high heel. Several days later, the heel broke off of the boot when the plaintiff was walking the stairs on her way to work. This resulted in a fall, and a fractured ankle. At this time the plaintiff was taken to the hospital where x-rays were taken. The x-rays showed a fracture in three areas of the right ankle. Because the plaintiff’s ankle was too swollen to perform surgery, she returned home with a splint.

A week later, the plaintiff visited the surgeon. But again the swelling was too great in order to perform the corrective surgery. Eight days later, the swelling finally subsided, and the plaintiff underwent surgery, followed by a three day stay in the hospital. The complex surgery included a metal plate and several screws being placed into the ankle. Before this accident, the plaintiff did not have any prior injuries to the area.

The plaintiff was released from the hospital in a cast and with the aid of crutches to get around. A month later she returned in order to have the sutures removed, and to get another cast. After three months of wearing a cast on the ankle, the plaintiff had it removed, and was advised to undergo physical therapy.

When the incident occurred, the plaintiff was employed and due to the injuries, she was forced to take a lot of time off from her position.

In order to strengthen her case, the plaintiff decided to get the help of a biomechanical consultant/expert. His job was to examine the boot, and determine if there were any defects. After a thorough examination, the expert noted that the stability of the boot was dependant on the attachment between the heel and the base of the boot. He noted that six nails attached the heel to the boot. The problem with this was that the nails were only attached to a thin layer of cardboard. With all of this in mind, he came to the conclusion that there was a flaw in the design that made it unsafe. Simply put, too much stress caused the nails to pull away from the material.

The plaintiff recovered $170,000.00 for her pain and suffering.

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