A Tennessee father has settled a case against Crocs on behalf of his four-year old daughter. Crocs, the soft-rubber soled shoes and favorite of Mario Batali, have become wildly popular over the last few years. The soft rubber sole, however, is potentially very dangerous and lawsuits have been springing up across the Country.
In this case, the four year old girl was riding on the elevator with her foot close to the edge. The soft rubber eventually became entwined in the teeth of the escalator and the four year old girl was trapped. She suffered permanent and serious injuries as her foot was mutilated by the escalator. Warnings are now placed on Crocs and similar soft rubber shoes highlighting the risk of riding on escalators, but millions of pairs were sold without such warning and much of the general public may be unaware that Crocs post such a danger.
The product liability attorney trying the case cited several studies which demonstrate the inherent risk of Crocs:
Studies, including one conducted by a Japanese consumer safety testing firm, showed the Crocs and their imitators that "appear to be prone to entrapment when pressed against the (side) skirt guard or step riser while standing on the yellow line of an escalator."
Children were at particular risk because Crocs for kids were smaller, thinner and more elastic, the Japanese study stated.
A successful product liability lawsuit must show that the product:
- Was manufactured improperly and was therefore defective; or
- Was designed improperly and was therefore defective; or
- Lacked adequate or sufficient warning of dangers that the product might present.
In this case, an experienced product liability attorney could make a case for point 2 and point 3 above. The design was such that the soft rubber sole could easily become caught in an escalator which is a device used everyday by millions of people. Therefore, the danger of using such a product on an escalator should have been foreseeable. However, the easier argument is point 3. For years, tens of millions of Crocs were sold without adequate warning to tell people they needed to be careful on escalators else their feet may become trapped in the belt. Hundreds of accidents, with injuries ranging from cuts to severed toes, were reported over the years and it was not until 2009 that Crocs were finally sold with a warning regarding escalators.