[dirtbikermicah]

Hey, If i broke my leg while wearing thier boots "oneals" could i sue them for a "poor product"???

[Asmith]

Hey, If i broke my leg while wearing thier boots "------" could i sue them for a "poor product"???

Yes, but they could counter sue you for "operator error"
and "gross negligance" while using their product. They could also sue you for "slandering " their good name.

I would consult your Attorney on retainer before proceeding. ( He's gonna want another check to get started...)

[Smash]

You'd have a tough time. A few points I can think of exactly.....


1. Liability waiver - You waived your right to sue them because they warned you riding motorcycles is dangerous, blah blah blah. You'd have to prove that by agreeing to their contract to use their product it is someway illegal or you were not able to enter into the contract and agree to the terms.

2. Product defect - you'll have to prove they negligently designed the product and that allowed you to get injured.

3. Prove it was the products fault you got hurt and not your own fault for crashing.

4. Prove the product said it would keep that injury from happening. I've never seen a boot that said it protects your leg. Only "Helps Prevent" foot and ankle injury.

It's probably a long shot, and a hard legal battle. If you can't find a lawyer to do it for free you probably can't afford it. Not only would you be fighting Oneal, but every manufacturer out there as winning the case could set precedence for other legal cases against other manufacturers. In short, millions of dollars in legal fees at a minimum.

[JAWS]

True, Smash, but then theres the hot coffee in the lap suit that wins. You never know. personally I have better things to do.
Joe

[joshua86]

I would take the boot name out of the first post and get advice from there.

But I dont think you would have any chance. I still busted my knee up wearing a set of asterisk knee braces but i am thankful i had them on and would still recommend them as a knee braces of choice to any riders.

Why? Because i think if it wasnt for the knee braces i could have been carrying my leg home in my backpack other then just needing a little tweak by the Dr.

Think about where your leg would be if you broke it without the boot on? Would you still have the foot attached to your body?

You would need to fight to prove that you would have been worse off with the boot on then with it off. Good luck?

[BigD]

Please tell me you are not serious!!!
People that sue for little or no reason just cause problems for the rest of us. Are you going to sue the mx track for having jumps that are too big?

[docwagoner]

I'm curious, did the boot truly cause you to break your leg or are you just looking to make a buck? I am sure you have more integrity than to do the latter. Please explain if you would.

[Asmith]

I took it as a joke. I hope that was the intention.

[dirtbikermicah]

well i didnt break my foot (i almost did) but i was just wondering if i could sue if i DID break my foot

[crfsonly]

i certainly hope you are pullin' broken leg here! when you throw a leg over a dirt bike that's the international signal that YOU accept responsibility for any potential injury to your person that might/will occur. on the boot front, you had a choice of boots to purchase, ranging in quality, support, protection, and of course price. you selected the boot you bought and determined it provided sufficient protection OR that's all the protection you were willing to pay for. the boots i wear are among the most expensive boots made. why? because my feet, ankles, and legs are the most expensive ones i own...you could say they are priceless. even with the best boot protection money can buy i have injured feet, ankles, etc. it happens. suing companies that supply protective gear will either drive up the cost of doing business (read: more expensive gear for us) or drive them out of business.

keep in mind you can be wearing a SUV and crash and break bones. nothing will protect you from every possibility. just take personal responsibility for riding a dirt bike.

ken

[Asmith]

Well said.

Ken, are your legs really worth that much???

[crfsonly]

yes! the last foot, ankle, and leg store i was in i couldn't find any as good as mine and those i did fine would way over my boot budget!

k2

[dirtbikermicah]

ken ken ken i don't appreciate you changing my original post "BUDDY"

[fbr]

You can sue anyone for anything. And if that isn't jacked up enough, you don't even need to put up a penny a lot of the time - a lawyer can take your case on a purely contingency fee arrangement. It's defending yourself in these cases that costs a fortune. Which is why, in this screwed up system designed by lawyers for lawyers, that so many meritless cases are settled out of court rather than fought to the end. Consumers ultimately pay every single penny of these gajillions of dollars of settlements. Please, please, do not bring up the recent case about the kid that caught himself on fire riding a dirt bike with a jerry rigged fuel valve and ended up with a gajillion dollar settlement after suing the manufacturer of his riding pants because they weren't fire proof. Oi ve!

[gal8x]

<--- there should be a law.