Kathleen Frazer is suing sneaker manufacturer Skechers. She claims that the maker’s Shape-ups shoes caused her to sustain ankle injuries serious enough to warrant multiple surgeries.
In her products liability case, the Massachusetts woman pointed to the promotional campaign for the sneakers, which recommended that they be worn instead of other shoes to derive the most benefit. The shoes are supposed to modify the user’s gait mechanics so he/she will be forced to exert more effort. The sneakers had been marketed as toning shoes that are supposed to help wearers get their booty, legs, and abdominal muscles in better shape, as well as help them lose weight. The shoes were also supposed to improve posture.
In 2013, the Federal Trade Commission refunded consumers that bought toning shoes from Skechers after the manufacturer consented to pay a $40 million settlement. Other Skechers toning shoes that have come under fire are the Toners shoes, the Tone-up shoes and the Resistance Runner. The FTC said Skechers’ advertising for the toning shoes included false information, and ,also, that the studies the company touted as proving that the shoes provided any health benefits were false and contained flaws.
Medical literature has since confirmed that the gait alterations caused by Skechers toning shoes over extended periods can lead to ligament damage, tendon injuries, ankle injuries, stress factures, and other joint injuries. It has also been linked to hip fractures.
Frazer, who purchased three pairs of Shape-ups, wants compensation for her pain and suffering and other damages. Her spouse wants damages for her loss of society, services, comfort, companionship, and consortium.
If you or someone you love was injured because of a product defect you may be able to file a Massachusetts products liability case. The law covers three types of defects, including defects that occurred during the manufacturing of a product, defects that are inherent to the design of a product, and marketing defects, which relate to how a product was promoted—whether with inadequate warnings, false information, or incomplete or unclear operating instructions. Defective product lawsuits can be brought for misrepresentation, breach of warranty, or negligence.
In Massachusetts, one of our Boston defective products lawyers would be happy to offer you a free case consultation.
Lawsuit: Massachusetts woman says Skechers sneakers injured her ankles, Boston Business Journal, May 1, 2015
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