Recently a Philadelphia jury was asked to consider a products liability claim of left tackle Jason Peters who claimed to have suffered a re-injured tort Achilles tendon after the “roll-about knee walker” he was using as an aid subsequent to his initial surgery broke causing him to undergo a second surgery. Typically walkers such as the one that was involved in this cause of action carry weight restrictions and the manufacturer needs to defend these claims on the basis that the user’s weight exceeded the manufacturer’s limit. In this particular matter the subject walker was advertised as capable of supporting a patient weighing up to 500 pounds and plaintiff Jason Peters weighed only 340 pounds. Often times in failures of this sort the manufacturer attempts to avoid liability under the theory that patient’s weight exceeded safe weight limits, when in fact what we have experienced is there are generally inherent design defects in the walkers. Most of the devices, including the “rolle-about knee walker” allegedly used by Jason Peters employed aluminum parts which are pre-drilled and allow for adjusting the length of the various connecting parts. Unfortunately, as a matter of engineering integrity once a piece of aluminum that may not have sufficient width is comprised by drilling, it can cause a weakened stress point which could cause the metal to collapse at the point where the adjusted member has been set. According to our investigation very few, if any, of these devices undergo strict government testing nor have do they have to meet specific industry guidelines for durability and fitness for a particular purpose. Unfortunately all too often the public is not aware of the potential dangers of a product even one that is the designed to assist those with disabilities until the facts are made public because of having to bring a personal injury law suit on behalf of an unsuspecting victim.
For further information please free to contact the Products Liability Attorneys at the Schulman Law Group at 954-349-3300, 1-877-529-0444 or at info@www.schulaw.com
