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Liability in Flip Flop Injuries: A Comprehensive Legal Analysis

This article explores liability issues arising from flip flop injuries, focusing on key cases like Fogal v. Get n’ Go and Wayan’s v. Albert Landon. It examines the elements of negligence, including duty owed, breach, causation, and resulting damages. The "flip flop craze" highlights common knowledge regarding footwear-related injuries and how manufacturers may be held accountable. Through a case analysis and legal recommendations, we assess the chances of success against brands like Sandpiper Footwear and provide insights on potential victims' rights.

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Liability in Flip Flop Injuries: A Comprehensive Legal Analysis

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Presentation Transcript

  1. “A Day at the Beach” Nelly Altamirano Bill Bowker Dmitriy Novak Vanessa Graciano Yiwen Zhang

  2. Who is Liable? • JitsyJetson • Assuming no defects in the flip flops • Tortfeasor is always liable for their own torts • Sandpiper Footwear • Fogal v Get n’ Go • Wayans v Albert Landon and Black & Decker • Article : The flip flop craze Yiwen Zhang Group 7

  3. Sandpiper Footwear Cont. • Fogal v. Get n’ Go • She went through a glass panel • Negligence • 1) A duty was owed • 2) The defendant breached that duty • 3) The breach was actual and causal • 4) The plaintiff suffered damages • Wayan’s v. Albert Landon and Black & Decker • Lawnmower kicked up a toy damaging his eye • There was a separate piece that would have increased safety • “No responsibility to warn for damages that are generally known or obvious.” • Article: The flip flop craze • Shows the common knowledge relating to flip flops and the problems with wearing them

  4. Conclusion and Recommondations • No duty was owed • As Vanessa indicated there is a very weak causal relationship to Sandpiper Footwear • Sue JitsyJetson • Very small chance to win against Sandpiper Footwear • Yiwen with Additional considerations and recommendations.

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