I was suppose to play college basketball and while practicing I put on my new pair of FIla basketball shoes I bought from Modell's. For some reason the stiching in the shoe came undone and I fell causing my ankle to sprain, toes to bruise, and surgery on my elbow that damaged my nerve and left a huge 8 inch by 1 inch scar. How much is my case worth? What kind of attorney should I hire? And if Fila and Modell's are liable how long would it take to settle the matter because my medical bills are well over 40,000?
Sounds like you have a potential products liability claim. There are, broadly speaking, 3 different theories of product liability: 1) design defect; 2) manufacturing defect; 3) breach of warranty. With regard to the latter, notwithstanding any written warranty you may have, there is an impied warranty of merchantability/ warranty of fitness in which the seller of goods implicity warranties their good condition for the use intended. It would seem that you could bring a viable claim under theories 2 and/or 3. You would seek recovery of the cost of your medical bills as a component of your damages. As to the value of your case for pain and suffering, it would largely depend on the permanency of your elbow injury and scar. You need to hire an experienced personal injury attorney. Claims for product liability are costsly as you will need to retain an expert. Discovery is often lengthy and complex ( much of it perhaps between the manufacturer and seller) Depending on what county the case is litigated in, the case could easily take 2-3 years to get to trial. My firm handles product liability cases. Good luck to you.
I h e handled similar cases in the past. Save the shoes and all the receipts you may have. You need to have them analyzed by an expert and if there is a manufacturing defect or design defect or if they are in actuality imposter shoes then you have a are against the manufacturer and distributer
No one can tell you now what your damages are worth. Save the damaged basketball shoes and contact a personal injury attorney immediately.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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