Dan Post Boot Company has issued a recall of several types of its footwear based on the reason that the footwear will not protect the foot if heavy or sharp objects fall on them. The company issued the recall on August 15th, 2017 and will provide a full refund for the return of the footwear.
The footwear includes seven types of boots, all from McRae Industrial. These boots are steel toe, static dissipative shoes, and composite boots, of both men’s and women’s styles.
The recall occurred in the wake of a report that a man broke his foot while wearing the safety boots after a tire fell on them. The company decided to recall over 7,000 units.
The boots were sold in various safety stores across the country, including Grainger Inc., Standup Rancher, Kohls, Workboots.com, and others.
If you have purchased a brand of McRae Industrial shoes at any of these locations between October 2013 and June 2017, you should double check your model number to ensure that your boots are not affected. The model numbers can be found here.
If Boots Don’t Protect Your Feet…
Product recalls involving boots and shoes have become more commonplace in recent years. Most often, there is some kind of defect in the shoe that causes it to wear out faster or does not provide the protection the company claimed that it would. As a result, you can sustain injury quite easily, especially if you purchased a pair of McRae Industrial boots for the express purpose of protecting your feet.
If you are a factory worker or you work outdoors in construction, you likely require protection of your feet, as heavy or sharp objects can fall at any moment and cause severe damage to feet, toes, and ankles. By not providing you with the service that was advertised, you may be able to file a claim against the company for your injuries, which stemmed from a faulty product.
Preliminary Information
In California, the state of limitations in filing a defective product claim is two years from the date of injury. Because these boots were manufactured and distributed for four years, you may not be able to file a claim if you were hurt some time ago. For this reason, you should always make note of the injury as soon as it happens, and swiftly pursue legal action.
Before you file a claim for product liability, you should make sure to have all of the necessary evidence on hand. This includes any receipt you kept, eyewitness or bystander accounts and testimony, photos of the damage and circumstances surrounding the incident, and doctor’s notes from a hospital visit. Also, it is very important to not throw the boots away; they are inarguably the most important evidence you have. This will make it easier for your case to be presented to a court if your claim is initially denied by the insurance agency.
Simply put, you should make sure to:
(1) DO NOT return the item to the manufacturer ot receive a refund; that will destroy all evidence you have to pursue the case.
(2) DO NOT tamper with the product or try to fix it.
(3) Seek immediate medical attention with a doctor so that there is no gap in medical treatment.
(4) Hold on to any receipts or documentation of purchase.
Defect Information
Product liability cases stem from some kind of design defect or unreasonable level of danger arising from the product. The boots above were touted as safety boots with steel toes (in some brands); therefore, they are designed to keep your feet free from harm. Their failure to do so means you could claim product liability, as they were defective in their original design and the intended use lead to injury.
Defective products are not the only reasons you could issue a product liability claim, however. There may also be unreasonable dangers from the product and hazards associated with using it; further, there may not be an adequate warning label on the product, whether to caution against possible injuries or a caveat that the product may not work as intended.
What We Help You Recover
If you were using your McRae Industrial work boots and you sustained an injury from object falling on your feet, you may have ample grounds for a product liability claim, especially if the injury were severe or caused permanent damage.
For example, heavy objects like steel pipes falling feet can cause sprains, fractures, and breaks. Your boots may not protect you from the sheer impact and force of the object, but even a break heals after a few months. However, a more debilitating injury like a severed toe or part of the foot can occur if a sharp object falls onto the boots. In this case, not only are you at risk of losing a body part if the emergency room cannot save it, but the wound may be exposed to infection, leading to even more complicated problems.
Depending on the extent of the injury, you may be liable to receive compensation for medical bills from the past and for the future, including surgery, antibiotics, hospitalization, and physical therapy.
If your injury kept you out of work for some time, you may be able to be covered as well for both past and future wages. If your job involves you being on your feet a lot and you suffered a broken foot, you will not be able to complete your job duties without heavy assistance or accommodation. This can earn you compensation, as well as any medical treatment you will need in order to fully recover, as in physical therapy or rehabilitation.
Pain and suffering damages can be awarded if the injury caused you emotional distress in some way. You may have become depressed or worried about future employment in the wake of your accident, feelings that likely would not have occurred if you were not injured.
Our Role in the Process
Normandie Law Firm helps you in the litigation process from start to finish: we provide you with a free legal consultation to discuss your case, outline what kind of compensation you are likely able to recover, and explain any finer points of the legal process that you may be curious over.
Our Los Angeles firm believes that companies should be held responsible for any injuries that occur as a result of their products, and our team of lawyers will do everything in their power to make sure the right parties cover your damages.
We adhere to a zero fee guarantee that promises you will not pay us a cent until we win your case and you receive compensation. This contingency form of paying ensures that you do not spend any money out of your own pocket and do not suffer any monetary losses by pursuing legal representation.
To contact an attorney about a potential product liability claim involving work boots or shoes, reach out to us at Normandie Law Firm today.
