Consult a personal injury attorney who handles products liability. I hope you saved the shoes and there's no telling how long the case will last but it likely will not resolve anytime soon.
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Save the shoes and contact a products liability lawyer. At first blush this sounds like a tough case. Research on Google whether there have been similiar incidents with the same sneakers.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
Hire a personal injury lawyer that handles product liability claims. These cases are tough, and are many times vigorously fought by the manufacturer and/or retail store, so a quick settlement is unlikely. Best of luck
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You need to speak with a lawyer who handles Products Liability cases.
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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.
My firm is a second generation family firm successfully handling personal injury and medical malpractice cases for over 35 years. "Let Our Family Help Your Family" www.kileylawfirm.com 516 466-7900
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.
This ans. does not create an attorney/client relationship.
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
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