Can a store be sued for selling dangerous shoes?

UPDATED: Aug 20, 2011

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Can a store be sued for selling dangerous shoes?

My mother recently fell resulting in a broken ankle which required surgery. After talking about the injury it turns out she had just purchased a pair of flip flops from a national retail chain which was the reason she slipped in the grass and fell. I think the shoes are too dangerous if someone can so easily slip and fall to hurt themselves this badly. Is there anything that could be done towards the store or the manufacturer of these shoes?

Asked on August 20, 2011 Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

IF the product were designed or manufactured defectively, then it may be possible to sue the retailer, the distributor, and/or the manufacturer. However, it is not at all clear that flip flops would be dangerous simply because they are flip flops--flip flops are, after all, one of the most common type of shoes, worn by millions without incident. The fact that you mother slipped does not, by itself, prove that the shoes were dangerous--especially since your mother was walking on grass, which is more slippery. If you think there was a design or manufacturing defect, you could bring them to a personal injury attorney, to see if he or she agrees that there is a defect; I suspect strongly that the attorney will not, unless these shoes broke easily or had some other specific defect.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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