Florida Injury Lawyer Blawg
It is not often that the legal blog of a personal injury law firm discusses the virality of a clothing brand but a recent string of accidents involving these Zara pants makes this an unusual case.
From security footage of sidewalk tumbles and iPhone photos of bloodied and bruised limbs, multiple women have reported falling while wearing these flowing, wide-leg pants, which have been dubbed online as the “Zara death trousers,” according to The New York Post.
“These women falling over all have one thing in common: they appear to be wearing the same Zara pants,” a reporter with CNN covering the story said.
Reported injuries have ranged from scrapes and bruises but others have allegedly landed these women in the hospital with reports of a broken toe and even a broken elbow. The $45 pants are offered in five different colors and were still available for purchase on the store’s website as of Monday, July 13.
While stores cannot account for the varying heights of customers, the women are claiming that hemming these trousers would not address the issue — “it’s the width,” CNN reported.
“They’re so wide that their feet get caught and then they trip,” the news outlet said. “CNN reached out to ZARA, but they didn’t respond.”
These stories serve as a reminder that product liability law extends beyond automobiles, pharmaceuticals, and medical equipment. Everyday consumer products — including clothing — can also become the subject of product liability litigation when an alleged defect results in injury. This is why agencies such as the U.S. Consumer Product Safety Commission exist to help monitor products, investigate reports of potential hazardous, and coordinate recalls when appropriate.
If a garment’s design or manufacture creates an unreasonable risk of injury, or if consumers are not adequately warned of a known hazard, an injured person may have grounds to pursue a product liability claim. While every case depends on its unique facts, injuries caused by an allegedly defective product, inadequate warnings, or an unreasonably dangerous design may give rise to legal claims under product liability law.
At Leesfield & Partners, our attorneys have represented clients in complex product liability cases involving defective consumer products, dangerous equipment, and other products alleged to have caused serious injuries.
What is Product Liability?
Product liability is an area of law meant to protect consumers from defective products and the damages and injuries they can cause. Defendants that can be named in defective product lawsuits can include anyone from the manufacturer, wholesalers, retailers, and distributors. Anyone who has been injured as a result of a product’s defects may be eligible for compensation.
A plaintiff’s attorney’s argument for compensation in defective products cases can be based upon strict liability, negligence and or breach of warranty. Mostly these arguments will hinge on strict liability, meaning that the plaintiff’s attorney has to prove there is something wrong with the product their client used. These defects can include problems with how the product was made, design defects, instructions for use, failure to warn consumers about potential risks associated with use and or how the product was marketed to consumers.
Leesfield & Partners is a personal injury law firm with 50 years of experience holding corporations and manufacturers accountable for their defective products. From a medical device that malfunctioned during a storm, causing the death of our client’s loved one to a furniture manufacturing company’s failure to warn of a tip-over danger that led to the death of a child, our attorneys know just how important it is to ensure that the products being used in daily life are safe for consumers.
Ira Leesfield, the firm’s Founder and Managing Partner, previously represented a 27-year-old man who was paralyzed after a horrific motorcycle crash caused by a defective kickstand. As our client was riding his motorcycle, the kickstand suddenly and erroneously engaged, causing him to spin out of control.
Mr. Leesfield obtained a $19.8 million verdict for the man and resulted in the manufacturer to redesign it’s the kickstand to prevent future injuries.
Trial Attorney Bernardo Pimentel II is handling an ongoing case involving a gun manufacturer after our client suffered a horrific injury to her eye at a Florida shooting range. In that case, the backing plate of the firearm failed, causing the firing pin to be ejected and strike our client in the eye. As a result, she suffered a hematoma and eye laceration, which has left her with significant vision loss in that eye.
“Our client is an avid shooter with years of experience around firearms and even that did not prepare her for this unexpected and incredibly dangerous malfunction,” Pimentel said. “The manufacturer is liable for putting this defective weapon on the market and endangering its customers, including our client. Had she not been wearing protective eyewear, this malfunction could have been fatal.”
